ABSTRACT

Dennant v Skinner (1948) A rogue, calling himself King, purchased a Standard car at an auction. King procured a cheque and requested that he may take possession immediately. The auctioneer agreed to this, but only after King signed a document stating that the property in the car passed only when the cheque cleared. Naturally, the cheque was dishonoured but not before King had resold the car; eventually it came to the hands of the (innocent) defendant, who was sued for its return or value (conversion) by the auctioneer. The auctioneer based his claim upon s 17 of the SGA, that property passed when the parties intended it to. As the cheque had not cleared, no property had passed to King to feed good title down the line to the defendant.