Cary v. Williams

The appellants, as partners, under the firm name of Cary & Fielding, were engaged in selling mining machinery in the city of Denver. They contracted to sell to one DeGolyer a Cameron sinking pump for an agreed sum of $385.00 to be paid within thirty days from the date of delivery, upon condition that the title to the pump was to remain in the vendors until the agreed purchase price was fully paid. On the same day the pump was consigned and shipped to the superintendent or manager of a mine in Cripple Creek, then operated by DeGolyer under a lease. The pump was received by the vendee but not…