Collignon & Co. v. Hammond Milling Co.

Citations

• 68 Wash. 626
• 123 P. 1083
• 1912 Wash. LEXIS 1342

Syllabus

<p>Custom and Usages — Notice. A custom that is not so universal as to charge a party with notice thereof, and which was not brought home to him, cannot operate to change the terms of a contract.</p> <p>Sales — When Title Passes — Delivery op Bill op Lading. Where a cargo of wheat was consigned to the shipper’s order, and bill of lading assigned to the buyer was placed in a ¿bank with a sight draft on the buyer for the purchase price, the title to the wheat passed on payment of the draft and delivery of the bill of lading to the buyer.</p> <p>Sales — Breach-—Short Weight — Evidence—Sufficiency. Findings against a claim of short weight on a cargo of wheat are not contrary to the preponderance of the evidence, where the evidence on the one hand consisted of the bill of lading acknowledging receipt by the steamship company of the weight as per contract, no one testifying that it was weighed before shipment, while a buyer testified that on arrival the shortage was 27,884 pounds, no one testifying that the wheat was actually weighed.</p> <p>Sales — When Title Passes — Injury to Goods — Burden of Proof. Where the title of a cargo of wheat passed to the buyer on payment of the price and delivery of the bill of lading while the ship was at sea, in an action for sea damage, the burden of proof is upon, the plaintiff to show that the loss occurred before the title passed; and in the absence of proof as to the time, the plaintiff must fail.</p>