Stroh v. Peterson

Citations

• 33 Ohio C.C. Dec. 10
• 18 Ohio C.C. (n.s.) 238
• 1908 Ohio Misc. LEXIS 350

Syllabus

<p>SALES</p> <p>Loss of Engine Sold but Destroyed by Fire Pending Delivery.</p> <p>Delivery is not essential to pass title to specific personal property sold, when nothing remains to be done to identify it or put it into a deliverable condition, unless a contrary intention is shown in the words or conduct of the parties. But when delivery by the seller at a stipulated place other than that of sale is customarily implied, or is expressly stipulated for an entire consideration which includes the purchase price payable on delivery, title and risk ordinarily remain with the seller, and he can not have his action for the price until such delivery is made.</p>