Hallet & Davis Piano Co. v. Starr Piano Co.

Citations

• 85 Ohio St. (N.S.) 196

Syllabus

<p>Sale of specific goods — Passing of title presumed without delivery —Presumption does not arise against creditors —Or innocent purchasers from vendor — Transaction not completed in four months — Contract may be rescinded.</p> <p>1. Between the parties to a sale of specific goods, especially where the price has been paid, a presumption arises that the title has passed, without a delivery of the goods.</p> <p>2. Such a presumption does not ordinarily arise as against creditors or innocent purchasers from the vendor; but as to such third parties there must be not only a formal delivery to the vendee claiming the goods, but there must be an actual and visible change of possession.</p> <p>3. Where a commercial transaction, which should ordinarily be completed promptly, is not completed within four months and neither party -has done anything within that time to complete the same, either party may treat the contract as rescinded.</p>