Chapman v. Nitrate Agencies Co.

The substantial question involved is the right of the seller, under the facts of the case, to recover of the buyer the price of merchandise destroyed while in transit without the fault of either.

If not otherwise stipulated, the risk of loss follows the title. Cook & Laurie Contracting Co. v. Bell, 177 Ala. 618, 59 So. 273; Foley v. Felrath, 98 Ala. 176, 13 So. 485, 39 Am. St. Rep. 39; Magee v. Billingsley, 3 Ala. 679.

In whom, then, was the title at the time of the loss?

During the summer of 1928, Nitrate Agencies Company, the seller, and C. D. Chapman & Co., the buyer, entered into a contract…