Sadler MacHinery Co. v. Ohio Nat., Inc.

ALLEN, Circuit Judge.

This is an appeal from a judgment dismissing plaintiff’s 1 complaint praying for the return of $25,000 theretofore paid by plaintiff to defendant for a 16", 6 spindle Bullard Mult-Au-Matic machine which was destroyed by fire while awaiting delivery to plaintiff. Defendant admitted that it received the full price of the machine, but contended that title had passed to plaintiff prior to the fire and that it was'holding the machine on its premises for plaintiff’s convenience at the time defendant’s plant and the machine were destroyed. The court tried the case without the…