Section 41

Section 41 of the Sale of Goods Act, 1930, states that 'where there is a contract for the sale of unascertained goods, the seller must ascertain the goods by words or conduct with the assent of the buyer, either express or implied. Until the goods are ascertained, the contract to sell may be treated as a contract to sell unascertained goods, and the provisions of this Act relating to such contracts shall apply.' This implies that the seller has the duty to identify the specific goods that are the subject of the sale, with the buyer's consent, before the contract can be considered complete. The section further explains that until such ascertainment, the contract remains one for the sale of unascertained goods, subject to the relevant provisions of the Act.