Lauber v. Johnston

Citations

• 54 Wash. 59
• 102 P. 873
• 1909 Wash. LEXIS 943

Syllabus

<p>Sales — Contract—Passing of Title. Upon the oral sale of a certain stack of hay, then upon the premises of the vendor, agreed to contain fifty and one-half tons, upon which $250 was paid, the title to the hay passes at once to the vendee, who assumed the risk of loss, even though the vendor was entitled to retain possession of a portion to secure full payment of the price.</p> <p>Same. Upon a sale of “all merchantable” hay upon the vendor’s premises, which was to he separated from unmerchantable hay and baled by the vendor, and to be paid for at the rate of ten dollars per ton as removed from the premises by the vendee, the title to the hay does not pass until it is separated and baled, and the vendee assumes the risk of loss of the baled portion only.</p>