ABSTRACT
The rule applies equally (unless the contract is severable) even if only some of the goods have perished-see Barrow Lane and Ballard v Phillips (1929)—where some of the goods had apparently already been stolen before the contract was made.
The rule applies equally (unless the contract is severable) even if only some of the goods have perished-see Barrow Lane and Ballard v Phillips (1929)—where some of the goods had apparently already been stolen before the contract was made.