41 N.H. 326 | N.H. | 1860
By the terms of the contract between the plaintiff and the agent of Rufus Sawyer, the property in the meat of the cow in controversy did not pass to Rufus Sawyer by its delivery to his servants on the morning of the sixth of August, 1859, because it was an express provision of that contract that payment of the price should accompany the delivery; and no such payment was made, nor airy evidence of any waiver thereof offered. The general rule, in the sale of goods and chattels, where no express stipulation to that effect is made, is, that the price must be paid before the property will pass, although conditional delivery may occur. If delivery take place, where payment is expected or contracted for therewith, it is in law made upon the condition precedent, that the price shall be forthwith paid. If this condition be not performed, the delivery is inoperative to pass the title to the property. Ferguson v. Clifford, 37 N. H. 86, and authorities cited on page 103.
In accordance with these views, there must be judgment on the verdict.
JExceptions overruled.