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43 L. Q. Rev. 293 (1927)
Notes

handle is hein.journals/lqr43 and id is 305 raw text is: THE LAW QUARTERLY REVIEW No. CLXXI. July, 1927. NOTES. RE WAIT. The decision of the majority of the Court of Appeal (Lord Hanworth M.R. and Atkin L.J., Sargant L.J. dissenting) [1927] 1 Ch. 606; 96 L. J. Ch. 179, will, I venture to think, be as inconvenient to many merchants as it is surprising to the Equity Bar. For the present it is final, being an appeal from a Divisional Court in bankruptcy. The facts are simple. X, by a contract which c1],arly passed the property, bought from Z an ascertained parcel of 1,000 tons of wheat about to be shipped by a named vessel to Bristol. He then sold 500 tons of this parcel by the same description to A, who paid the price (less half freight) by cheque. Before the ship arrived with the 1,000 tons in bulk X was adjudicated bankrupt, nothing having been done to appropriate A's 500 tons. It may be observed at once (though perhaps it is not material) that at common law the sub- sale by X imported something more than a mere executory contract; it carried a licence to A to appropriate 500 tons out of the 1,000 tons to the fulfilment of his contract if and when he found opportunity. All he could do, however, was to move the Bristol County Court to order the trustee in bankruptcy to deliver 500 tons or alternatively to repay the purchase-money paid. The former relief was refused, the latter granted; on appeal and cross-appeal Astbury and Lawrence JJ. held that A was entitled to 500 tons as ' specific goods ' under the Sale of Goods Act, 1893, ss. 52, 62 ([1926] Ch. 962: the point of equitable VOL. XLIII. 20

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