WHEATLEY v. H. & H. POULTRY CO.


75 A.2d 702 (1950)

WHEATLEY v. H. & H. POULTRY CO.

Superior Court of Delaware, Sussex.

September 12, 1950.


Attorney(s) appearing for the Case

Caleb M. Wright, of Georgetown, for plaintiff.

James M. Tunnell, Jr., of the firm of Tunnell & Tunnell, Georgetown, for defendant.


CAREY, Judge.

The plaintiff contends (a) that title to all the broilers passed to defendant immediately upon the making of the contract and that the risk of loss was thereafter upon the defendant; and (b) that, even though it be found that title had not passed, the death of the broilers was due to negligence of defendant's servants, wherefore defendant is liable in any event.

The question presented as to just when...

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