Legal issues Whether Sam can sue Susila for breach of contract?

Relevant
Law
Section 60, repudiation of contract before due date.
Where either party repudiates the contract before the delivery
date, the other party may treat the contract as rescinded and
sue for damages for the breach.
Application
to Law
Susila repudiate the contract before the promised delivery
date to Sam, hence Sam can sue Susila for breach of contract
and claim personal remedy for damages against Susila.
Assumption Sam have not made any payment to Susila before the sale is
made between Susila and Song.
Relevant
Law
Section 4(4), agreement to sell becomes a sale when the time
elapses or the conditions are fulfilled subject to which the
property of goods is to be transferred.
If the seller breaches the agreement to sell, the buyer has only
a personal remedy for damages against the seller.
Application
to Law
Based on above assumption, there was only agreement to sell
between Sam and Susila. Therefore, Sam could only sue
personal remedy for damages against Susila.
Legal issues

Whether Sam is able to retrieve the sword from Song?

Relevant
Law
Sec 30 (1): Sale by a Seller in Possession after Sale.
If a seller resells to a second buyer the goods sold by him
previously to a second buyer, the second buyer will obtain the
good title to the goods if he has received the goods in good
faith and without notice of the previous sale.
Motor Credits (Hire Finance) Ltd v Pacific Motor Auction
Pty Ltd

Application
to Law
Song noticed the previous sale between Susila and Sam. Thus,
Song did not obtain the good title of the antique purchased by
cash. Sam, should able to put up legal act against Sam.
Legal issues

Whether there is a contract between Susila and Sam?

Relevant Law Sec 2(b) CA 1950 :When the person to whom the proposal is made
signifies his assent thereto, the proposal is said to be accepted: a
proposal, when accepted, becomes a promise.

Sec 26 CA 1950: An agreement made without consideration is void.

Sec 19 SOCA 1957: Sale of specific and ascertained goods- Property
transferred to buyer at the intended time by parties.

Sec 57 SOCA 1957: Where the seller wrongfully neglects or refuses to
deliver the goods to the buyer, the buyer may sue the seller for
damages for non-delivery.
Application to
Law
1. There is an offer made by Sam to Susila.
2. There is an acceptance by Susila.
3. There is a consideration (RM 21,000.00 for the antique)
4. The antique does not transferred to Sam at the intended time.
5. Sam may sue Susila for damages for non-delivery.