Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ... Transfer of Property as Between Seller and Buyer. Rule 21--WHERE THERE IS A CONTRACT FOR THE SALE OF UNASCERTAINED GOODS THE PROPERTY IN THE GOODS IS NOT TRANSFERRED TO THE BUYER UNLESS AND UNTIL THE GOODS ARE ASCERTAINED (1). QUALIFICATION: ON A CONTRACT FOR THE SALE OF' A CERTAIN QUANTITY OF A LARGER MASS OF ASCERTAINED GOODS UNIFORM IN KIND AND QUALITY (2), THE PROPERTY WILL PASS. THOUGH THERE BE NO SEPARATION OF THE QUANTITY SOLD, IF SUCH BE THE CLEAR INTENTION OF THE PARTIES (3). 1. In the case of a contract for the sale of a certain quantity of goods by a general description, the buyer's right arising out of the contract is not, and until the goods sold are specifically ascertained, cannot become a right of property in any goods; nor can there be in such contract any intention that the property in any goods shall be immediately transferred from the seller to the buyer. The seller would fulfill his part of the contract by furnishing that quantity of any goods answering the description. Heilbutt v. Hickson, L.R. 7 CP. 438, 449. Rapelye v. Mackie, 6 Cow. 250, 252. Joyce v. Adams, 8 N.Y. 291, 297. Cornell v. Clark, 104 N.Y. 451, 457. Low v. Freeman, 12 I11. 467, 469. I11. Cent. R.R. Co. v. Cassell, 17 I11. 389. Home Ins. Co. v. Heck, 65 I11. 111. Colder v. Ogden, 15 Pa. St. 528. McCandlish v. Newman, 22 Pa. St. 460. Haldeman v. Duncan, 51 Pa. St. 66, 70. Gardner v. Lane, 9 Allen, 492, 498. Ormsbee v. Machir, 20 Ohio St. 295. Hubler v. Gaston, 9 Oregon, 66, 70. Davis v. Budd, 60 Iowa, 144. Schreyer v. Lumber Co. 13 U.S. App. 23, 28. The principle applies to a contract for the sale of goods to be manufactured. Mucklow v. Mangles, 1 Taunt, 318. Tripp v. Armitage, 4 M. & W. 687. Seath v. Moore, 11 App. Cas. 350, 381. Bellamy v. Davey, ..
