Davis v. . Gulley

In Early v. Flour Mills, 187 N. C., p. 345, it is said: “It is the general rule in mercantile law that the risk of loss follows the title to the property. Joyce v. Adams, 8 N. Y., 291; note 26, L. R. A. (N. S.), 10. It is also the general holding that when a seller ships goods ‘order notify,’ and draws draft for purchase price, with bill of lading attached, the title and right of possession to the property are reserved by the seller until the draft is paid. No title passes to the purchaser, and any loss in transit, as between the buyer and the seller, must be borne by the latter. Collins v.…