Itzig Co. v. First Nat. Bank

Citations

• 128 Miss. 345
• 91 So. 15

Syllabus

<p>1. Sales. Evidence held insufficient to show btiyer’s assignment of contract for purchase to plaintiff.</p> <p>In an action against the seller in a contract of sale, an allegation in the declaration that the contract had been assigned by the purchaser to the plaintiff is not supported by proof that the goods purchased, when received by the purchaser, had been delivered by the purchaser to the plaintiff on his paying to the purchaser the price thereof.</p> <p>2. Carriers. Buyer’s transfer of bill of lading to third person held to transfer title b%it not to assign bwer’s contract with seller.</p> <p>The transfer by the purchaser of goods shipped to him by the seller of the bill of lading therefor to a third person, while the goods are in possession of the transportation company, transfers to the third person the title to the goods, but does not operate as an assignment of the. purchaser’s contract with the seller.</p> <p>3.Sales. Evidence insufficient for submission to jury of whether seller shipped rotten apples or failed to ice car. - ></p> <p>When a contract for the sale of. apples to be shipped by rail to the purchaser obligates the seller to deliver the apples f. o. b. car at point of shipment and to ice .the car in which they are shipped, and the apples are rotten when they arrive at their destination, evidence in an action against the seller on the contract that they were sound when shipped, and the car in which they were shipped was iced is not contradicted so as to present an issue of fact for the jury by the opinion of witnesses that, had the apples been sound and the car iced, they would have arrived at their destination in good condition, unless the manner in which the car was handled, and the circumstances surrounding it while in transit, are in evidence and considered by the witnesses in forming their opinions. '</p>