Judges: PER CURIAM.
Attorneys: W.W. Whitehurst, for Plaintiff in Error;
Leitner Leitner, for Defendant in Error.
Filed: Jan. 04, 1937
Latest Update: Mar. 02, 2020
Summary: In this case plaintiff in error bought a crop of citrus fruit from defendants in error. The contract was in the following language: "This Contract, Made and entered into this 22nd day of August, 1932, between Sophronia C. Bateman and W.W. Bateman, her husband, of the City of Wauchula, County of Hardee, State of Florida, parties of the first part, and GREGG MAXCY, INC., of City of Sebring, County of Highlands, State of Florida, party of the second part. "Witnesseth, that the party of the first pa
Summary: In this case plaintiff in error bought a crop of citrus fruit from defendants in error. The contract was in the following language: "This Contract, Made and entered into this 22nd day of August, 1932, between Sophronia C. Bateman and W.W. Bateman, her husband, of the City of Wauchula, County of Hardee, State of Florida, parties of the first part, and GREGG MAXCY, INC., of City of Sebring, County of Highlands, State of Florida, party of the second part. "Witnesseth, that the party of the first par..
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Unless the contract between the parties contemplates otherwise, the general rule prevails.
That rule, briefly stated, is that title does not pass before actual delivery so long as something remains to be done as between the seller and buyer for the purpose of ascertaining the quality, quantity or price of the subject matter. See 55 C.J. 532-536, 948, 413; 24 R.C.L. 20-39; Tripp v. Wade, 89 So. 870,82 Fla. 325; McCampbell Furniture Stores, 158 So. 283, 117 Fla. 351. The case of Metcalfe v. Keene, 122 Fla. 27, 164 So. 704, is not exactly in point here.
The contract here was for the sale and purchase of "marketable" fruit, to be paid for when and as picked.
