Jue Yee v. Ch. Tetzen & Co.

This action was brought to recover $5,129.92 for vanilla beans, alleged to have been sold and delivered by plaintiff’s assignor to defendant corporation at its special instance and request. Plaintiff recovered "judgment for only $272, and hence he prosecutes. this appeal from the judgment and from the order denying his motion for a new trial.

The subject of the controversy is one hundred and fifty tins of vanilla beans, the gross weight of which was fifteen thousand eight hundred and thirty-eight pounds, the said beans having been shipped from Tahiti, and delivered into the possession of the defendant, and were while in his possession in his storeroom burned in the fire of April 18, 1906. There is no dispute as to the fact that the defendant was to pay thirty-four cents per pound for good vanilla beans. There is no question as to the fact that the defendant had at the time of the fire the actual possession of the beans. There is no dispute as to the right of the defendant to have good beans and to reject all bad beans. The question, therefore, before the trial court was as to whether or not the title had actually passed to defendant at the time the beans were destroyed. This…