The rule is well established that the title passes in the place where the contract of sale is made, and under the rule that the lex loci contractus controls in the matter of the validity of the contract; if the sale is a valid one where made, it is valid everywhere. The terms of the sale may show however, that goods bought in one state, to be delivered to the purchaser in another, are to remain the property of the seller, until actually turned over to the buyer in the state where he is. The sale in such a case would therefore take place in the latter state.18 The passing of the title to goods is not affected by the fact that the parties to the sale have their domicile in a place other than the place where the sale is made.

The comity of states, does not require the enforcement of a contract valid where made, in a state where its enforcement would mean a violation of the public policy of the state,19 or where it would be against the best interests of the citizens of the state to enforce it. A sale is not invalidated merely from knowledge of the vendor, that the goods are to be resold in another state, where in the latter, the sale is forbidden by the law of that state.

11 Weil vs. Golden, 141 Mass., 364.

19 Green vs. Van Buskirk, 5 Wall., 307.