Lynch Davidson & Co. v. Denman Lumber Co.

(after stating the facts as above). The trial court decided that the legal effect attaching to the facts shown, was ‘‘a cancellation or abrogation of the contract by mutual consent of the parties.’’ The appellant insists that the conclusion was erroneous.

It is clear from the evidence that the contract expressly called for delivery of the lumber at the point of shipment, which was New Willard. The property then, as a matter of law, passed to appellee upon the delivery to the carrier at New Willard on September 20, 1920, and it is admitted by the parties that delivery to the carrier and the…