Phoenix Lock Works v. Capelle Hardware Co.

Citations

• 14 Del. 232

Syllabus

<p>Sale of Goods—Place of Delivery—Inability of Purchaser— Carriers Liability.</p> <p>In a sale of goods not present at the time of the bargain, the place <5f delivery and payment, there being no agreement to the contrary, is the place where the goods are at the time of the sale.</p> <p>Where goods are sold by sample and received by the purchaser he must pay the price agreed upon, without deduction, unless there be a breach of express warranty of them by the vendor.</p> <p>The vendor of goods to be delivered should send them to the purchaser within a reasonable time after the sale and by some carrier which will be most convenient to the purchaser,'there being no agreement to the contrary; and when so shipped the goods are legally delivered to the purchaser and the vendor thereby loses his lien on the same and the purchaser becomes liable for the price thereof. If the purchaser notifies the vendor before delivery to the carrier of his intention not to accept the goods he becomes liable for damages for refusal to accept.</p> <p>The earners responsibility for safe carriage and delivery of goods is to the consignee and not to the consignor 'unless the consignor agreed to deliver them to the place of the consignee.</p>