Q Crowley, a building contractor, ordered 500 bags of cement from Litvak Building Supply. It was agreed that Litvak would deliver to a building site and title would pass when delivery was made. Before the bags of cement could be loaded on the delivery truck, a train derailment destroyed much of the company inventory. Who would bear this loss? Is delivery a condition precedent? Did title pass when ordered, or when delivered? Crowley, a building contractor, ordered 500 bags of cement from Litvak Building Supply. It was agreed that Litvak would deliver to a building site and title would pass when delivery was made. Before the bags of cement could be loaded on the delivery truck, a train derailment destroyed much of the company inventory. Who would bear this loss? Is delivery a condition precedent? Did title pass when ordered, or when delivered?