Heinberg Bros. v. F. Cannon & Co.

Citations

• 36 Fla. 601

Syllabus

<p>Bale and delivery of goods — duty of vendor and purchaser as TO THE TIME, PLACE A'-'D MANNER OF DELIVERY' — CHARGES OF LAW TO JURY MUST BE CONSONANT WITH FACTS IN PROOF.</p> <p>1. Where a firm in Galveston, Texas, contracted with a firm in Pensacola, Florida, to sell and deliver to the latter a certain quantity and quality of oats, “free onboard” the wharves at Pensacola, Florida, within a certain time and at an agreed price, and the latter firm agreed upon its part there to receive them and to pay for them the agreed price; and the selling firm complied with their part of the contract by safely sending to the place, within the time stipulated, the quantity and quality of oats contracted for, giving to the purchasing firm due and reasonable notice of their arrival, and a reasonable opportunity to inspect, care for and protect them against loss or damage, and to take them away, and then and there makes tender of delivery in weather reasonably suitable to the safety of goods of such perishable character, it became the duty of the purcliasiifg firm then and there to receive them, and to care for and protect them from loss and injury from the weather or otherwise, and they then and there became responsible for the agreed price; and if the goods are subsequently damaged in consequence of their failure to receive, care for and protect them, the loss falls upon them.</p> <p>2. There is no error in refusing to give requested instructions that are not consonant with the facts in proof.</p>