286. Effect of earlier express retention of title clauses.

Under modern conditions a contractor may himself not have acquired title to materials at the time those materials are brought to site or fixed on site, because he gained possession of them under a contract containing a Romalpa clause or other retention of title clause1. Such clauses are common in contracts for the supply of building materials.

Where title has remained in the seller in this way, the original seller may take the benefit of his retention of title clause and deprive an employer or main contractor or sub-contractor of materials already paid for2.

A building contract usually results in the