Wheatley v. H. & H. POULTRY CO.

Carey, J.:

The plaintiff contends (a) that title to all the broilers passed to defendant immediately upon the making' of' the contract and that the risk of loss was thereafter upon the defendant; and (b) that, even though it be found that title had noi passed, the death of the broilers was due to negligence of defendant’s servants, wherefore defendant is liable in any event. ., . . -

The question presented as'to just when property, or title, passes in these transactions between growers and buyers seems never to have been decided' • in: any reported Delaware case. It is an important one,…