Farmers Mutual Automobile Insurance v. Safeguard Insurance

The question involved is whether there are any substantial issues of fact to be tried.

The defendant contends that James W. Gage and Williams Buick Company contracted unconditionally for the sale of specific goods, a particular 1947 Buick automobile, and that it was delivered to the buyer, James W. Gage. That title to the Buick automobile passed as a matter of law on April 1, 1958, and since Williams Buick Company did not own the car in question on the date of the accident, the defendant Safeguard Insurance Company’s policy of insurance was not in effect, leaving no issue of fact to be tried…