Orillia Lumber Co. v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 84 Wash. 362

Syllabus

<p>Sales — Delivery—To Carrier — Consignment. Where the seller of a car of lumber took out a bill of lading, naming the purchaser as both consignor and consignee, and delivered the car to the railroad company, there was a delivery of the lumber to the purchaser.</p> <p>Sales — Rights op Parties — -When Title Passes — Laches—Bona Fide Purchasers. Upon a sale of a car of lumber upon condition that ninety per cent of the purchase price should be paid on delivery of the bill of lading, the general rule is that the title would remain in the seller until the payment is made; but the seller is guilty of such laches as to estop him from claiming title as against a dona fide purchaser from the consignee, where the seller took out a bill of lading naming the purchaser as both consignor and consignee, and delivered the car to the railroad company, and the seller’s agent to collect the ninety per cent took the bill of lading and invoice to the purchaser’s office, demanded payment, and left it there to be checked up, on the promise that it would be paid for at 1 p. m. of that day, at which time the purchaser refused to pay for the lumber or return the bill; this, on the theory that, of two innocent parties to suffer from the fraud of another, the loss should fall upon the one who has enabled the third person to do the wrong (overruling Id., 81 Wash. 611, 143 Pac. 152).</p> <p>Holoomb, Ellis, and Crow, JJ., dissent.</p>