In the case of Elphick v. Barnes, (1880) 5 CPD 321, the horse that was to be handed to the buyer for 8 days on the condition that it be sold or returned was the subject of the sale agreement. Without any fault on the part of the customer, the horse passed away before the end of the specified 8-day term. Because the agreement to sell had not matured into a sale and the risk had not passed to the buyer, the buyer was declared not liable for loss.
The essential ingredient of section 8 i.e there should be damaged goods after the agreement to sell before sale has been fulfilled above.
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