Knox v. Fuller

Citations

• 23 Wash. 34
• 62 P. 131
• 1900 Wash. LEXIS 340

Syllabus

<p>SALES — DELIVERY—WHEN TITLE VESTS IN PURCHASER,</p> <p>Where a contract is to sell for cash on delivery, and delivery of the goods is made unconditionally, without fraud or mistake, the title of the goods becomes vested in the purchaser, notwithstanding the cash has not in fact been paid.</p> <p>SAME — STOPPAGE IN TRANSITU — CESSATION OF RIGHT.</p> <p>Where the seller of goods consigned them to the purchaser, shipping them by boat under the ordinary shipping receipt, and the goods were taken in charge at their destination by a wharfinger, who was independent of both the carrier and the purchaser, and who delivered the key of his warehouse to the foreman of the purchaser with instructions to take goods, indiscriminately from the entire shipment, whenever he might desire to use them, the goods were thereby delivered into the actual possession of the purchaser to such an extent as to end the seller’s right of stoppage in transitu, although the freight and storage charges on the goods had not been paid and only a small portion of the goods had been removed by the purchaser from the warehouse.</p> <p>TRIAL-TAKING CASE FROM JURY — APPEAL-OBJECTIONS NOT RAISED BELOW.</p> <p>Where defendant on the trial challenged the legal sufficiency of the evidence, on the ground that there was no question to go to the jury, and the court agreed with defendant that it was its duty to decide, as a matter of law, the effect of the evidence, but in so deciding directed a verdict for plaintiff, defendant cannot on appeal urge the objection that there was a question • of fact for the jury involved in the evidence, and that it was error for the court to decide the case as a question <jl law only.</p> <p>MISCONDUCT OF JUDGE — COMMENT ON FACTS.</p> <p>The action of the court in taking the examination of a witness out of the hands of the attorneys, with the remarks that “you gentlemen have been at this thing around here of market value long enough. I am going to ask the question which I think