Sale of Goods Act, 1930
10. Agreement to sell at valuation
(1) Where there is an agreement to sell goods on the terms that
the price is to be fixed by the valuation of a third party and such third party
cannot or does not make such valuation, the agreement is thereby avoided;
PROVIDED that, if the goods or any part thereof have
been delivered to, and appropriated by, the buyer, he shall pay a reasonable
price therefor.
(2) Where such third party is prevented from making the
valuation by the fault of the seller or buyer, the party not in fault may
maintain a suit for damages against the party in fault.