Question
a)Tom sells to John 100 quintals of grain nut of a large quantity lying in his store. John sells 60 quintals nut of those, the
a)Tom sells to John 100 quintals of grain nut of a large quantity lying in his store. John sells 60 quintals nut of those, the goods having not yet been ascertained to Jack. Jack forwarded delivery order from John to Tom, who informs Jack that he will send the grain in due course. John then becomes insolvent. Can Tom refuse to deliver the 60 quintals of grain to Jack? Give reasons for your answer(10 marks)
b)X and Y were carrying on a business, as partners. They admitted a minor (P) into the partnership for profit only. P gave Ksh. 100,000 as credit to the firm on 16th, July 1960, the date on which 'T' was still a minor. The firm was declared insolvent on 16th July 1961. P filed a suit against the firm after one year. On the same year 'T' also become major, however he has not given a notice to remain or not to remain a partner. In your opinion is T liable with X and Y to P? Give reasons.(10 marks)
c)Paul contracted to purchase timber from oak tree which belongs to Kimani. Paul marked out the selected parts of the tree. Kimani had to remove the rejected portions from the tree according to the custom of the trade. However, before this could be done, Kimani became bankrupt. Can Paul take away selected portion? Explain(10 marks)
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