Semple agreed to purchase a quantity of bird feed for his canary from a local pet shop. The shopkeeper agreed to weigh the feed and have it in a package for Semple when he returned in one hour. The shopkeeper weighed the feed, and wrote the weight, price, and Semple's name on the package. Before Semple returned, the package was stolen from the shop. The title to the goods passed when the agreement was made, and the goods belonged to Semple when they were stolen.

Question

Quizplus · Accepted Answer

The title to the goods passes to the buyer when the seller has done what is necessary to put the goods in a deliverable state, which includes identifying the goods to the contract. In this case, the title passed to Semple when the shopkeeper weighed the feed, packaged it, and marked it with Semple's name, making the goods identifiable to the contract. However, the question's assertion that the title passed at the time of the agreement is incorrect; it passed when the goods were made identifiable to the contract by being weighed, packaged, and labeled for Semple.

Semple Agreed to Purchase a Quantity of Bird Feed for His