J. Wallworth's Sons, Inc. v. Daniel E. Cummings Co.

This case is before us on report. It is an action on an account annexed to recover the purchase price of a waste *268machine alleged by the plaintiff to have been sold by it to the defendant.

It is conceded that this is a proper form of action to recover the purchase price of personal property the title to which has passed to the buyer. Smith, Fitzmaurice Co. v. Harris, 126 Me., 308, 138 A., 389. The sole question before us is, had title passed. If it had not, this action can not be maintained.

March 8,1935, the defendant wrote asking the plaintiff if it had a waste machine for sale. The plaintiff…