Dentzel v. Island Park Ass'n

Citations

• 229 Pa. 403
• 78 A. 935
• 1911 Pa. LEXIS 506

Syllabus

<p>Sale — Personal property — Contract—Delivery f. o. b. — Carriers.</p> <p>1. When a contract for the sale of personal property calls for delivery f. o. b. at some particular place, and the seller there delivers the article in accordance with the stipulations, the title to the property at once passes to the buyer, unless otherwise provided. This rule yields, however, where the contract reserves to the seller the right of property, notwithstanding his delivery to the carrier.</p> <p>2. Where machinery is sold f. o. b. cars at the place of manufacture, and the complete machinery is so delivered, and there is nothing whatever to indicate that the seller either in the bill of lading, or by any agreement with the carrier or with the purchaser reserved a right of property in the machinery, notwithstanding the delivery f. o. b., the title to the machinery passes immediately on the delivery on the cars and this is the case although a portion of the purchase money was unpaid, and the seller was to send a man to the purchaser’s establishment to install the machinery.</p>