Brock v. McCaffrey

Citations

• 3 Pa. Super. 431
• 1897 Pa. Super. LEXIS 36

Syllabus

<p>Contract — Executory sale — Constructive delivery.</p> <p>In all executory contracts of sale title does not pass until delivery. If the goods contracted for were not then in existence, or not yet manufactured, or not yet selected out of a lot of similar articles, then the subject-matter of the contract is undefined, and remains so until there is some setting apart of the goods to the vendee’s order, as in the absence of actual delivery will constitute a legal delivery.</p> <p>Question for jury — Sale—Constructive delivery.</p> <p>B. contracted to sell M. an article he did not have, which he never had, and sought to recover therefor because of an alleged setting apart of the article by X. (with whom he [M.] had no contract) to his order. Held, That there was no evidence of constructive delivery to submit to the jury.</p>