Lingham v. Eggleston

The contest in this case relates to a sale of lumber by Eggleston to Lingbam and Osborne, and the question involved is, whether the contract between the parties amounted to a sale in presentí and passed the title, or merely to an executory contract of sale. The lumber, subsequent to the contract and before actual delivery to the *325purchasers, was accidentally destroyed by fire, and the purchasers now refuse to pay for it, on the ground that it never became their property. The action was. brought by Eggleston for goods bargained and sold, and in the court below he recovered judgment.

There…