Caudle v. Sherrard Motor Company

AKIN, Justice.

The question on this appeal is whether the risk of loss of a house trailer had passed from the seller, Sherrard Motor Company, to the buyer, Caudle, under Tex.Bus. & Comm. Code Ann. § 2.509 (Tex.UCC 1968) before the house trailer was stolen from the seller’s premises.

The relevant facts are undisputed. On February 10,1972, plaintiff Sherrard Motor Company and defendant John Caudle entered into a contract for the purchase of a house trailer. It provided for a cash down payment of $2,685 and a balance of $4,005 in the form of a note payable to Sherrard. This contract was assigned…