Stevens v. Stewart

Citations

• 3 Cal. 140

Syllabus

<p>A delivery of an order for goods is only considered as a delivery of the goods themselves, where they are susceptible of an immediate delivery.</p> <p>Where no question is raised as to the validity of the contract, or the effect of the Statute of Frauds, and where the question is as to the kind of delivery which effects a change of property, although the goods cannot be immediately delivered, the delay may be implied as one of the stipulations.</p> <p>But, where delivery of the goods is necessary to make the contract, a symbolical delivery can only be effectual, where it can be followed by an actual delivery.</p> <p>The plaintiff contracted with defendant for certain goods on board a vessel, and delivered to him a bill of sale and an order on the captain of the vessel for the delivery of the goods. When defendant presented the order, he was informed that the goods could not be discharged for some time, to which defendant replied that he would then have nothing to do with them, and nine days elapsed befijre they were-discharged, of which defendant had notice, but refused to take them, and pleaded the Statute of Frauds. The court below charged the jury that the bill of sale and order took the case out of the Statute of Frauds. Held, that this was error.</p>