Diamond Glass Co. v. Ladwig

Citations

• 33 Pa. Super. 506
• 1907 Pa. Super. LEXIS 326

Syllabus

<p>Contract — Manufactured article — Future delivery — Passing of title.</p> <p>The general rule is that a chattel ordered to be manufactured and to be delivered in the future continues the property of the manufacturer until completed and delivered or tendered. This general rule gives way where the intention of the parties is that the title shall pass upon completion of the article and notice thereof to the vendee, or at an earlier period. But the cases in which it has been held that the title passed during the progress of manufacture are recognized as exceptional, and such conclusion is sustainable only where it is in accordance with the actual intention of the parties.</p> <p>It is a question of intent, arising on the interpretation of the entire contract in each case. If taking all the stipulations together, it is clear that the parties intended that the property should vest in the purchaser during the progress of the work and before its completion, effect will be given to such intention and the property will be held to pass accordingly; but, on the other hand, it will not be deemed to have passed out of the builder unless such intent is clearly manifested, but the general rule of law will prevail.</p> <p>In an action for goods sold and delivered it appeared that the defendant gave an order to plaintiff by which the latter was to construct, deliver and “set up” show cases of a particular design, material and dimensions, and that the defendant was to pay for them a stipulated price when “set up.” The plaintiff did not deliver to the defendant the show cases, but did ship by rail to the defendant several crates of parts which when “ set up ” would be show cases. A drayman without special order from the defendant, but with whom the defendant had a general contract to bring to his store any goods that he might find at the railroad station consigned to the defendant, ordered one of his drivers to haul these crates to the defendant's store, and when they arrived there,