Geo. Boiko & Co. v. Atlantic Woolen Mills, Inc.

Headnote

Contract — sale — action to recover purchase price of goods sold — when title to goods sold passes to purchaser.

Boiko & Co., Inc., v. Atlantic Woolen Mills, Inc., 195 App. Div. 207 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1921, which affirmed a determination of the Appellate Term affirming a judgment of the City Court of the city of New York entered upon a verdict. The action was brought to recover the agreed price and reasonable value of two bales of khaki overcoat clippings at forty-five cents per pound, and one bale of worsted clippings at seventy-five cents per pound, claimed by the plaintiff to have been sold and delivered to the defendant. The question was whether the title to the goods passed from plaintiff to defendant, and the defendant wrongfully refused to pay. It was held that no place of delivery having been specified in the contract, the place of delivery was the seller’s place of business and where the two bales of overcoat clippings were already made up and in a deliverable state at the time the written order was received by the plaintiff,

and the worsted clippings were existing goods in possession of the plaintiff, the title to the three bales passed when the worsted clippings were sorted and made into a bale so that they were in deliverable shape and all were set aside and tagged, and these facts having been proved, plaintiff was entitled to recover.