Nagle Engine & Boiler Works v. M. Mitshkun Co.

Defendant bought goods of plaintiff which were charged to it in a ledger account, so-called. It also received goods, five boilers, on consignment, which were charged in another account, called consignment account, and which were covered by a written contract, containing usual provisions relative to risk of damage by fire or other cause, report of sales, settlement, etc. The part of the contract here important may be said to be:

“It is further understood and made a part of this agreement that any engines and boilers or other goods shipped to you on consignment and not sold (or reported sold) at…