Sidford & Greene, Inc. v. Wehmeyer Coal Co.

Plaintiff seeks the purchase price of coal claimed to have been sold and delivered to defendant. Concededly there was no delivery. Plaintiff, however, contends that it is entitled to recover on the ground that the coal in question was appropriated to the use of the defendant, that title to it passed to defendant, and hence that defendant is hable for the purchase price. Although the complaint alleges delivery, if the plaintiff’s proof established a proper appropriation, and that title had passed to defendant, plaintiff would be entitled to recover. (Berkshire Cotton Mfg. Co. v. Cohen, 236 N.…