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LAWYERS COOPERATIVE PUBLISHING v TABORA

FACTS: Tabora purchased volumes of AmJur from Lawyers Coop. The a
greement was for ownership to remain with Lawyers Coop until payment o
f the full price. Loss or damage to the goods after delivery to the buyer
is for the account of the latter. The books were delivered to his office; that
same night, his office was razed by fire. Tabora failed to pay the full purchas
e price. Now Lawyers Coop sues him for the balance. Tabora invokes force
majeure.
ISSUE: Who bears the loss?
HELD: TABORA. While it is true that generally, loss is for the account of the ow
ner, the same does not apply here because the parties themselves have expre
ssly stipulated that loss, after delivery to the buyer, are for the account o
f the latter. Besides, the stipulation retaining ownership to the selle
r is intended merely to secure payment by the buyer. Likewise, the obligati
on of Tabora consists of the delivery not a determinate thing, but a
generic thing money. Thus, he is not absolved from liability.