Delivery of Wrong Quantity of the Goods

(1) Under section 37 of the Sales of Goods Act 1930 where the seller delivers to the buyer a quantity of good less than he contracted to sell, the buyer may reject them but if the buyer accepts the same so delivered he shall pay for them at the contract rate.

(2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may accept the goods included in the contract and reject the rest, or if the goods delivered are such that it is difficult or time consuming to separate the quantity contracted for he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate.

(3) Where the seller deliver to the buyer the goods he contracted to sell mixed with goods of different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest or may reject the whole.

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