Gray & Barash, Inc. v. Puget Sound Navigation Co.

Citations

• 118 Wash. 376
• 203 P. 975
• 1922 Wash. LEXIS 676

Syllabus

<p>Sales (85) — Contract—When Title Passes — Intent—Evidence —Sufficiency. Whether title to a chattel has or has not passed by a contract of sale is a matter determinable by the intention of the parties, which is controlling, if clearly and unequivocally manifested by their agreement; and where the title must rest in one of two persons, evidence which determines the title as between them will determine it as between one of them and a stranger to the title who asserts it to be in the other.</p> <p>Carriers (27, 33) — Of Goods — Loss of or Injury to Goods— Liability — Proof of Title. Where an electric motor, In course of shipment by carrier between the prospective seller and buyer of the motor, is damaged by the negligence of the carrier, the seller is the proper party to maintain action against the carrier, if there had been in fact no acceptance of the motor by the buyer, no payment of any part of the purchase price, no consummated sale, and the mutual dealings of the parties had been closed on the basis that no sale had taken place.</p> <p>Same (27, 33). Where damages are sought from a common carrier for -injury to property while in its possession for carriage, and it has no interest in the ownership of the property other than that of not being called upon to answer more than once for its wrong, the same high degree of proof of ownership is not required as is the case when a contest is between individuals each claiming the title.</p>