Morrison v. Woodley

Citations

• 84 Ill. 192

Syllabus

<p>1. Sale—when title passes. If the owner of a large number of railroad ties, lying in dock, sells three thousand of the same, receives payment, and the purchaser afterwards makes arrangement with the keeper of the dock, who is also agent for the vendor, to take charge of the ties, it would seem the title will vest, and the vendor will not be responsible for the subsequent loss of the ties.</p> <p>2. But if the vendor, after the facts relied on as vesting the title, agrees to take back the ties and let the purchaser have others, in lieu thereof, which he fails to do, he will be liable to the purchaser for the price paid.</p>