In re Pittsburgh Industrial Iron Works

Citations

• 179 F. 151
• 1910 U.S. Dist. LEXIS 277

Syllabus

<p>1. Sales (§ 55*) — What Law Governs — Place of Delivery.</p> <p>A contract for the sale oí goods is to be construed in accordance with the law of the place where delivery is to he made or the contract to be performed.</p> <p>[Ed. Note. — For other cases, see Sales, Cent. Dig. §§ 2, 153; Dec. Dig. § 55.*]</p> <p>2. Sales (§ 201*) — Delivery to Carrier — Vesting of Title.</p> <p>In general, in the absence of a stipulation, title vests in the buyer on delivery of the goods to the carrier for transportation.</p> <p>[Ed. Note. — For other cases, see Sales, Cent. Dig. § 535; Dec. Dig. § 201.*]</p> <p>3. Sales (§ 55*) — Delivery f. o. b. — Wiiat Law Governs.</p> <p>Where a contract for the salé of goods provided for delivery f. o. b. cars at Detroit, Mich., and consigned to the buyer, the contract would be governed by the law of Michigan.</p> <p>[Ed. Note. — For other cases, see Sales, Cent. Dig. §§ 2, 153; Dec. Dig. § 55.*]</p> <p>4. Sales (§ 82*) — Terms—Sale fob Cash.</p> <p>Unless time is stipulated in a contract of sale, the sale is for cash.</p> <p>[Ed. Note. — For other cases, see Sales, Cent. Dig. § 230; Dec. Dig. § 82.*]</p> <p>5. Sales (§ 469*) — Cash on Delivery — Retention of Title.</p> <p>Where goods were sold under a contract “price $1,360, f. o. b. cars, Detroit, Mich.,” and there was nothing to show that any time for payment in the future was contemplated, but the invoice was marked “terms -cash” and “title to the property in this invoice reserved in car company until full payment made,” payment of the price was a condition precedent to the passing of title to the buyer unless waived.</p> <p>LEd. Note. — For other cases, see Sales, Cent. Dig. § 1357; Dec. Dig. § 469.*]</p> <p>6. Bankruptcy (§ 140*) — Bankrupt’s Trustee — Title to Property Conditionally Sold.</p> <p>Under the rule that a bankrupt’s trustee acquires only such title as the bankrupt had, the trustee acquired no title to property sold to the bankrupt under conditional sale reserving title unt