Diehl v. McCormick

Citations

• 143 Pa. 584
• 22 A. 1033
• 1891 Pa. LEXIS 948

Syllabus

<p>1. Where, under the terms of a written contract of sale by which coals are to be delivered on the cars or in sheds at a station, the goods in the sheds are under such dominion and control of the buyer that he may ship them to any person, at any time, and in any quantity, at his discretion, the delivery is complete and the title thereto has passed to the purchaser.</p> <p>2. Though the delivery of the coals in the sheds of the buyer, not involving actual custody on the part of the latter, might not alone be decisive, yet, in connection with the fact that they then became subject to his exclusive control, and were to remain stationary till again put in motion to a new destination by his order, it ended the right of stoppage in transitu and was absolute.</p>