determined in that case was whether in a "building contract
which was one, entire and indivisible" there was sale of
goods ... value of goods used "'in
the course of a building contract which was one, entire and
indivisible". The Court held that
contract is at the fixed price, both
sides having or deemed to have agreed to such a price.
Consent under the law of contract need ... decision of this Court in Gannon
Dunkerley that in a building contract there was no agreement
express or implied to sell goods and secondly that
used in constructing the building This clearly shows that their Lordships expressed the view that even in a building contract defined under the Act, there ... contract was not an indivisible contract but was a combination of an agreement to sell and an agreement to work. The definition of "contract
empowering the State of
Madras to assess indivisible building contracts to sales tax
were ultra vires the powers of the State Legislature. The
appellant issued ... empowering the Sales Tax Authorities to impose sales
tax on indivisible building contracts were unconstitutional
and void and the Sales Tax Authorities had not jurisdiction
payment of the price may be
simultaneous or staggered. In building contracts,
multiplicity of reciprocal promises usually exist. In
its rudimentary aspect, the Builder/Contractor ... giving rise to claims for damages. Let
us consider a typical building contract where the work
is to be completed within one year. The owner
contract would
essentially be a question of the intention of the parties to
be gathered from the terms of the contract. The contract ... contract or not ? On the one hand, counsel for the
appellant-plaintiff contended that the contract being
analogous to a building contract the period
dated March 6, 1978, Ext.D-6 captioned as agreement of building contract, was executed between the plain-tiff as owner of the plot ... building and the workmanship thereof as final.
14. In the construction agreement one would have expected provisions for: inspection of the building by the owner
agreement enforceable by law is a contract. According to S. 10 of the Contract Act, all agreements are contracts, if they are made by free ... Contract Act."
It is true that S. 23 of the Contract Act applies to a contract as distinguished from a transfer governed
Narain started a theka business in 1902 or 1903 and took building contracts from the Public Works Department at Benares, and that the business
contracts cannot be specifically enforced, namely;
a) a contract for the non-performance of which compensation in money is an
adequate relief;
b) a contract ... where the suit is for the enforcement of a contract for the construction of any
building or the execution of any other work on land
