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Phillips v. Moor

Supreme Judicial Court of Maine

71 Me. 78 (1880)

Relevant factsFree

Moor (defendant) had his men press hay belonging to Phillips (plaintiff) while deciding whether to buy it, then examined the pressed hay's quality and made a written offer that Phillips accepted, after which Moor arranged for a third party to haul the hay away; before the hay was hauled, it was destroyed in a barn fire. Moor refused to pay the purchase price and instead sought to charge Phillips for the pressing costs, leading to cross-suits over the pressing charge and the purchase price.

IssueFree

Whether, when a sale of specific goods is complete except for physical transfer to the buyer, the buyer bears the risk of loss to the property occurring before that transfer.

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