163 Pa. 107 | Pa. | 1894
Opinion by
In the opinion we have, just filed in the case of Brown Bros. & Co. v. Billington, No. 247, Jan. Term, 1894, [reported above, page 76,] we have expressed at length the reasons why, upon the facts of the case, we regarded the transaction there in question as a bailment and not as a sale. In the present case the facts are substantially of the same character. Fisher never had any ownership of the cement, never paid anything for it, was not the consignee and did not have the bill of lading. The only right he did have to take the cement iii charge and to sell
Judgment reversed and new venire awarded.