Mitchell v. Baker

Citations

• 208 Pa. 377
• 57 A. 760
• 1904 Pa. LEXIS 768

Syllabus

<p>Contract — Sale—Delivery to carrier — Indorsement of bill of lading.</p> <p>Where under a contract of sale the goods sold are shipped by the manufacturer to the purchaser under directions from the seller, and the bill of lading is made out in the name of the seller who indorses it over to the purchaser, the title to the goods upon delivery to the carrier and upon indorsement of the bill of lading, passes to the purchaser.</p> <p>Bills of lading are symbols of property, and when properly indorsed operate as a delivery of the property itself, investing the indorsees with a constructive custody which serves all the purposes of an actual possession, and so continues until there is a valid and complete delivery of the property, under and in pursuance of the bill of lading, and to the person entitled to receive the same.</p> <p>Contract — Sale—Breach—Measure of damages.</p> <p>In a contract for the delivery of chattels upon a special stipulation as to quality and quantity, where the vendor is ready and willing to deliver, the measure of damages is the difference between the contract price and the cost of manufacture and delivery.</p>