Cross v Taylor

In *Cross v Taylor*, the New South Wales Court of Appeal considered a dispute arising from the sale of bird stock and an aviary. The purchaser, Mr. Taylor, had taken delivery of the goods but disputed his obligation to pay the purchase price, raising doubts as to the seller's title or the title of the seller's company. The primary judge had found that the purchaser was contracting as an individual, not on behalf of a company.

The Court of Appeal was required to determine whether the trial judge erred in finding that the purchaser was bound to pay the purchase price, notwithstanding the alleged doubt concerning the seller's title to the goods. A further issue was whether the trial judge was correct in concluding that the purchaser was acting in his personal capacity and not as a representative of a company.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings. The judges reasoned that the purchaser, having taken delivery of the goods, was bound to pay the purchase price, irrespective of any purported doubts about title, particularly where those doubts were not substantiated. The Court affirmed the trial judge's finding that the purchaser had contracted as an individual, and this finding was not disturbed on appeal.

The appeal was dismissed with costs.