Sell v. Moss & Co.

I think the lower court erred in withdrawing the case from the jury and directing the verdict, and (though I have endeavored to do so) I can not persuade myself to concur in the judgment of my colleagues. It must be admitted that the question of Sell’s liability to the plaintiff depends entirely upon whether the title to the cotton in question passed from the seller to the buyer prior to the burning. The trial judge could not say that Moss & Co. were entitled, ás a matter of law, to have a judgment against Sell for the difference between the amount they paid on Sell’s draft and the value of…