![]() ![]() When the contract of sale is that the goods sold shall be paid for with cash, the sale is on condition that the payment be made and until this is done, the title to the goods remains in the vendor, notwithstanding they may have come into the possession of vendee the appellees must be held to have taken the safe upon the terms offered and it was their duty to have made cash payment, and by their failure to do so, and by their conduct in reference to the safe, they made a conversion of same, but did not vest title out of appellant where sale is for cash both delivery and payment of the consideration must concur to pass title. One party to a contract can not claim that time is of the essence and that he is no longer bound, when he alone has caused such delay and the appellees in this case will be regarded as bailors of this safe which they have converted. Appellant had no knowledge that the Trust Company had sold the safe to the Bank or that the latter was using it but if such was true, no title could pass as the Trust Company had none, and the Bank had full knowledge of the facts.
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