Lott v. Delmar

The opinion of the court was delivered by

Heher, J.

Goods sold at public auction were stolen shortly after the fall of the hammer, but before payment of the price bid and delivery of possession to the buyer; and the question at issue is whether the risk of loss was the seller’s or the buyer’s, and this, in turn, depends upon whether title to the goods had passed at the time of the theft, for, in' the absence of provision contra, the risk of loss follows the title, with certain exceptions not here pertinent. R. S. 46 :30-28. See also 46:30-14.

Generally, the principles of the Uniform Sales Act…