Madden Bros. v. Jacobs

It seems to be conceded that it was not the intention of the plaintiff to make unconditional delivery of the cars in the absence of the payment of the purchase price. But it is held as a matter of law that Torrance believed that an unconditional delivery of the cars was being made. I am of the opinion that whether he so believed, or whether he had any reason for so believing, presented a jury question.

The plaintiff owed to the Ford Motor Company the duty of making collection of the invoice. If it made unconditional delivery of the cars without collecting the amount of the invoice, it must…