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RYAN READY MIXED CON. CORP. v. FRANKI FOUNDATION CO.

No. 164, Docket 23770.

229 F.2d 289 (1956)

RYAN READY MIXED CONCRETE CORP., Plaintiff-Appellee, v. FRANKI FOUNDATION COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 12, 1956.

Attorney(s) appearing for the Case

Robert E. Nickerson, Greenwich, Conn., and Smith, Sargent, Doman & Grant, New York (James B. Grant, New York City, and Francis M. S. Peel, New York City, of counsel), for appellant.

Daniel A. Shirk, New York City (Joseph Jaspan and Daniel Waxman, New York City, of counsel), for appellee.

Before SWAN, FRANK and LUMBARD, Circuit Judges.

FRANK, Circuit Judge.

The evidence supports the trial judge's findings and legal conclusions that defendant accepted and used the delivered concrete-mix and did not offer to return it. Accordingly, title passed to defendant. New York Personal Property Law, McK.Consol.Laws, c. 41, § 129. The evidence shows that it was customary, on a large job such as this, for a buyer to have a representative at seller's plant to check whether the ingredients accorded with the...

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