Pittsburgh Provision & Packing Co. v. Cudahy Packing Co.

Citations

• 260 Pa. 135
• 103 A. 548
• 1918 Pa. LEXIS 481

Syllabus

<p>Contracts — Breach—Sale of goods — Title—Place of delivery— Evidence — Carrier—Agency—Meat—■ Guaranty — Freshness — Absence of. opportunity to inspect — Rejection—Rescission—Suit by buyer to recover price paid — Case for jury.</p> <p>1. The general rule is that a delivery of goods to a carrier in conformity to a contract of sale is a delivery to the vendee sufficient to pass'title to the goods, and the carrier at once becomes the agent of the vendee, to whom the latter must look for resulting damages while the goods are in transit. Where, however, the contract requires delivery at the place of destination, the title remains in the vendor until that point is reached and the risks of transportation are assumed by him.</p> <p>2. In the absence of circumstances indicating a contrary intent, delivery of meat to a common carrier in good condition, properly packed and refrigerate!, in view of the distance it must travel, with proper instructions as to re-refrigeration if needed in the course of transit, passes title and the shipper’s duty is fully performed and his responsibility ends on such delivery.</p> <p>3. Even though title to a shipment of goods may pass upon delivery to the carrier, the contract is still subject to rescission up to the time of delivery and inspection, unless an opportunity to inspect was given before delivery.</p> <p>4. Where the facts are not in dispute, the question as to the place of delivery and when title passes is for the court.</p> <p>5. A guarantee that meat, the subject of a contract of sale, shall be fresh, contemplates an opportunity on the part of the purchaser to inspect the meat before accepting it to discover whether or not the shipment is in accordance with the terms of the guarantee, and is evidence that the place of delivery was intended to be the point of destination, where the condition of the meat could be ascertained.</p> <p>6. Plaintiff ordered from defendant certain beef “guaranteed fresh,” to be shipped to plaintiff c. a