Distinction Q/Difference between the partnership business and the Hindu joint family business Thus, the term “condition” could be more associated with the immediate sale, while the term “guarantee” could be more related to the sales agreement. Subsequently, we will also find that section 13 of that law is also inclined to the sales agreement, since it stipulates that a condition could be treated as a guarantee. Here, the seller has the right to sue the price. To conclude that commercial transactions between buyers and sellers are governed by the Sale of Goods Act 1930, which was originally part of the Contracts Act but was later repealed and transformed into a separate law governed by a contract of sale. Section 4 of the Sale of Goods Act 1930 deals with the concept of “sale” and “agreement to sell”. However, in the present case, it was found that there was a breach of the implied condition concerning the title on which the sale and the sale agreement were based. The buyer therefore has the right to recover the entire purchase price, even though he has used the car for four months. The statement of reasons for the judgment was that the seller`s consideration had completely failed because of the existence of a breach of condition. insolvency of the seller: in case of sale, if the seller; Whoever is in possession of the goods becomes insolvent, the seller`s official consignee/assignee must be assigned to the buyer because he owns the goods. But in the event of a sales agreement, when the seller becomes insolvent, the buyer cannot recover the goods from the official recipient, even if the price has been paid by him. This is because he is not the owner.