National Cash Register Co. v. Lipka

Under the provisions of the Civil Code (1910), § 3318, a unilateral and unaccepted offer to purchase certain personal property, described merely as a generally designated type and style, does not constitute such a contract in writing evidencing the sale of goods that the record thereof would constitute constructive notice to an innocent third person purchasing goods of such general style and quality from the person making the offer. Code § 3318 is as follows: “Whenever personal property is sold and delivered with the condition affixed to the sale that the title thereto is to remain in the…