Ramish

Appeals from the judgment and from the order denying a new trial. The facts of the case will he found stated in the opinions of this court ren *661 dered upon former appeals. (Ramish v. Kirschbraun, 90 Cal. 581 ; 98 Cal. 676 .)

The evidence warranted the jury in believing, as from the verdict it will be presumed it did believe, that the carload of eggs was sold by defendants to plaintiff, to be delivered to the latter in Los Angeles in due course of freight transportation from either Omaha, Nebraska, or some point of shipment in Iowa. By agreement, also, the bill of lading made to defendants as consignees, and by them indorsed to plaintiff, was to be sent with a sight draft to the Southern California National Bank at Los Angeles, by which it was to be delivered to plaintiff upon his payment there of the price of the eggs. Under these circumstances there was no transfer of the title to the eggs before the bill of lading was received at the bank for delivery. (Reynolds v. Scott (Cal., July 18, 1884), 4 Pac. Rep. 346 ; Erwin v. Harris, 87 Ga. 333 ; Kelsea v. Ramsey etc. Mfg. Co., 55 N. J. L. 320; Dows v. National Exch. Bank, 91 U. S. 618 ; Brandt v. Bowlby, 2 Barn. & Adol. 932;…