Skinner v. Griffiths & Sons

Citations

• 80 Wash. 291
• 141 P. 693
• 1914 Wash. LEXIS 1304

Syllabus

<p>Sales—Delivery—When Title Passes—“F. O. B. Scow.” Delivery of 5,000 herring boxes pursuant to the terms of sale, “f. o. b. scow” at Seattle, “alongside of the barge L.”, operates ipso facto to pass the title to the purchaser, who thereafter assumes the risk of loss, if the articles corresponded to the terms of the contract and there was no stipulation making inspection a condition precedent.</p> <p>Sales — Warranty— Performance— Evidence—• Sufficiency. Where part of 5,000 herring boxes were lost from a scow, and substantially half were recovered and found to conform to the terms of the contract of sale, the presumption is that all the boxes lost were of the same kind, and conformed to the contract.</p>