Four Point Garage v Carter [1985] 3 All ER 12

Facts: C sold a car to X thinking that X wanted to hire it out to D to whom they delivered the car. However, it turned out that he wanted to purchase the car to sell to D. Subsequently, X went to liquidation and before P had been paid.

Held: Brown J – the agreement between P and X did not preclude the implication of X being entitled to resell in the ordinary course of business and X was unaware that P believed otherwise.

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