Webster v. Granger

Citations

• 78 Ill. 230

Syllabus

<p>1. Sale of personal property—delivery of goods sold is not necessary to pass title, as between the parties to the sale.</p> <p>2. Sale of goods by sample—delivery ticket. Where goods in the hands of a carrier are sold by sample, and a delivery ticket, in.the form of an order, by the proper railroad or station agent, to deliver the goods therein described to the person therein named or bearer, is delivered to the purchaser, with a sample, the title to the goods is thereby completely vested in the purchaser, and if they are afterwards destroyed it is his loss, and he is liable for the price agreed on.</p> <p>3. There can be no custom giving a purchaser, by sample, 24 hours, or any other time, to examine the goods. He purchases by sample, and if the goods do not prove equal to the sample, he may return them, or sue for and recover the difference.</p>