John Minas Apcar v. Louis Caird Malchus AIR 1939 CALCUTTA 473
John Minas Apcar v. Louis Caird Malchus AIR 1939 CALCUTTA 473 Parties: Plaintiff: John Minas Apcar Defendant: Louis Caird Malchus Facts: In this case, John Minas Apcar, the plaintiff, entered into a contract with Louis Caird Malchus, the defendant, for the sale of a motor car. The contract stipulated that the payment would be made in cash upon delivery. However, upon delivery, Malchus issued a check instead of paying in cash. Apcar accepted the cheque, but it was later dishonored due to insufficient funds. Apcar, the plaintiff, then filed a suit for the recovery of the price of the motor car, arguing that the delivery of the car was contingent on receiving payment in cash, and since the check was dishonored, the contract was not fulfilled. Issues Before the Court: Whether the acceptance of the check by the plaintiff constituted a waiver of the original contract terms requiring payment in cash. Whether the dishonor of the check entitles the plaintiff to recover the price of the motor ca...