Is there any case law in which goods passed between a vendor and purchaser without passing to the vendor?
Ontario, Canada
The following excerpt is from Wiley v. Smith, 1876 CanLII 3 (ON CA):
The goods, therefore, in that case never passed to the vendee, and remained in the possession of a person who was in no way in privity with the vendee, but was, as this case puts it, a middleman between the vendor and purchaser. The case, therefore, may be looked upon as an authority for the decision in Burr v. Wilson, but does not warrant the conclusion arrived at in Howell v. Alport.
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