Citation Numbers: 171 So. 811, 126 Fla. 747
Judges: PER CURIAM.
Filed Date: 1/4/1937
Status: Precedential
Modified Date: 1/12/2023
Unless the contract between the parties contemplates otherwise, the general rule prevails. *Page 750
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,
The contract here was for the sale and purchase of "marketable" fruit, to be paid for when and as picked.