Cole v. Bryant

Citations

• 73 Miss. 297

Syllabus

<p>Contracts. Sale. Insufficient delivery.</p> <p>Where, under a contract for the sale of pipe staves, the vendor engages to make and put them on the side track of a railway at a designated locality, and the purchaser is to have the right to there inspect and cull them before accepting and paying- for them, the mere putting- them on the side track, as agreed upon, is not such a delivery as will defeat a subsequent transfer of them, while on the side track, by bill of sale, to a third person, made before they have been inspected, or anything else has been done looking to their acceptance under the contract first mentioned.</p>