George D. Witt Shoe Co. v. J. A. Seegars & Co.

Citations

• 122 La. 145
• 47 So. 444
• 1908 La. LEXIS 422

Syllabus

<p>Sales (§ 2u9*) — Transfee of Title — Gouds Not Ascertained — General Stock.</p> <p>In receiving an order for a certain quantity of goods, of a kind and at a price agreed on, to be manufactured or supplied from a general stock, warehoused at another place, the agent receiving the order merely enters into an executory contract for the sale of goods, which does not divest or transfer the title to .any determinate object, and which becomes effective, for that purpose only when specific goods are thereafter manufactured or selected and segregated from the general stock, and appropriated to the contract; and, in the absence of more specific agreement, such appropriation takes place only when the goods as ordered are delivered to the public carrier at the place from which they are to be shipped consigned to the person by whom the order was given, Jat which time and place the sale is perfected and the title passes. Reaffirming the doctrine applied in State v. Shields et ah, 110 La. 547, 34 South. 673.</p> <p>TEd. Note. — For other cases, see Sales, Cent. Dig. § 562; Dec. Dig. § 209.*]</p> <p>(Syllabus by the Court.)</p>