Ellis v. Roche

Citations

• 73 Ill. 280

Syllabus

<p>1. Sales—when and in whom, title of goods vests. Where goods are shipped by one dealer to another, upon an order, if the goods are of the quality ordered, and are shipped in strict accordance with the order, the property in the goods is vested in the consignee from the time they are shipped.</p> <p>2. Same—duty and liability of consignee of goods ordered by him. If goods are shipped by one merchant to another, upon his order, but are not of the kind and quality ordered, the property does not vest in the consignee, and he is not bound to receive the goods, but if he holds them without, in a reasonable time after receiving them, notifying the shipper that he will not accept them, he will hold them at his own risk, and if they are destroyed or lost, he will be the loser.</p>