American Steel & Iron Co. v. Wooster

The exceptions to the findings and rulings made with respect to the merits of the replevin action are overruled. The finding that the parties to the contract did not intend title to pass until the vendor had loaded the rails on cars and delivered them to a carrier was warranted by the evidence. Since this was never done, property in the rails never passed to the plaintiff. Chellis v. Grimes, 72 N. H. 104; R. L., c. 200, s. 19, Rules 2, 5; Id., s. 46 (I). At the time of replevin, the defendants were entitled to immediate possession (Claremont Gas Company v. Wooster, 91 N. H. 439, 441), and the…