The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 7 1910

The balance of the purchase-money was not due at the date of the receiving order and did not become due until the doing of an act by the trustee—namely the execution of the conveyance. [...] In my opinion therefore the debts existing before the bankruptcy and the liability to pay the purchase-money in order to obtain the conveyance of the property are not debts between the same parties and in the same interest. [...] If the trustee elects to fulfil the contract on tendeing the goods the price becomes due from the purchaser to him by reason of that tender and the purchaser could not set off against the price of the goods some debt provable by him in bankruptcy notwithstanding the fact that the payments for the goods were contractually binding upon the debtor by a valid contract existing at the date of the b [...] He observed The Plaithiffs contend that the transaction as a whole is to be governed by English law although the form and conditions of the licences must conform to the local law ; while the Defendants contend that the law to be applied is that of South Africa—that is to say the law in force in Rhodesia which as regards the territories south of the Zambesi River is the Roman-Dutch law and as [...] 5 to the High Court it was contended (I) that the Court of Appeal below misconstrued the saving clause ; (2 that on the facts of the case the Plaintiff NV IS not entitled to A-has possession of the land the contingency on the happening of which his right to the land was to vest in him not having arisen within the meaning of the clause ; (3) that by reason of his conduct the Plaintiff was esto