Stafford & Brother v. Walter & Skelton

Citations

• 67 Ill. 83

Syllabus

<p>1. Sale-when, delivery to carrier is a delivery to purchaser so as to complete sale. Where parties in this State sent an order on parties in Ohio for twenty barrels of apples, to be shipped to them by rail immediately, and the railroad company refused to receive and transport them without a release, by the shipper, of liability for the loss or damage that might accrue to the apples during transit, and their guaranty of freights, which they gave, and the apples never reached their destination, it was held,, in a suit by the shippers against the purchasers, that the delivery of the apples to the carrier was a delivery to the purchasers, and that they were liable for the price.</p> <p>2. Cakbiek-party to suit against. Where the shipper of goods guarantees the payment of the freight, and makes a special agreement for their carriage, an action may be brought for non-delivery to the consignee, either by the consignor with whom the express agreement was made, or by the consignee as the owner of the goods on whose behalf it was made.</p>