Dudley v. Poland Paper Co.
Supreme Judicial Court of Maine
On Motion and Exceptions by Defendant. This was an action of assumpsit to recover the value of certain poplar pulp wood which the plaintiff agreed to sell to the defendant and deliver in the Androscoggin river. The declaration contained an account annexed, the money counts, and a count for goods bargained and sold. A principal question in controversy was as to the precise time when the title to the pulp wood passed from tbe plaintiff to tbe defendant.
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On Motion and Exceptions by Defendant. This was an action of assumpsit to recover the value of certain poplar pulp wood which the plaintiff agreed to sell to the defendant and deliver in the Androscoggin river. The declaration contained an account annexed, the money counts, and a count for goods bargained and sold. A principal question in controversy was as to the precise time when the title to the pulp wood passed from tbe plaintiff to tbe defendant. The court submitted this question to tbe jury with full instructions and stated to tbe jury in tbe beginning tbe following : “ If it passed…
1Opinion of the CourtWalton, J.
When goods are sold to be delivered at a place named at a future time, and, before delivery, they are accidentally lost or destroyed, it often becomes a difficult question to determine whether the buyer or the seller must bear the loss. If at the time of the loss the title had passed to the buyer, he must bear the loss; otherwise the seller must bear the loss. But in many cases it is extremely difficult to determine whether or not the title had passed to the buyer.
This is such a case. The plaintiff agreed to furnish the defend*260ant with a large quantity of pulp wood, to be delivered into the…
2Cited by4 opinions
- Lipman Bros. v. Hartford Accident & Indemnity Co.Supreme Judicial Court of Maine · 1953
- McDonald v. MulkeyWyoming Supreme Court · 1926
- Smith, Fitzmaurice Co. v. HarrisSupreme Judicial Court of Maine · 1927
- Brann v. City of EllsworthSupreme Judicial Court of Maine · 1941