I40 BCIED OF AGRICULTUEE. 



SALE OF PERSOXAL PEOPEiyrY. 



What constitutes a sale so as to vest the title of the property 

 in the vendee, is sometimes a question not altogether free 

 from doubt. 



As between the vendee and third persons, the general rule 

 that there must be a deUvery to, and acceptance by the vendee, 

 is a safe one to follow. 



As between the vendor and vendee, no deliver}- is necessary 

 to vest the title in the vendee. In cases where a deliverv is 

 necessarv, what amounts to a deliverv ? Will an^iihinff short 

 of an actual manual possession of the article be sufficient ? In 

 cases where the nature of the property is such, and the same 

 is so situated that a personal possession of it is impracticable 

 or inconvenient, then the mere pointing out or showing the 

 same to the vendee, the vendor being required to do no further 

 act in respect to it, has been held to be a good deliverJ^ 



Where a certain number of articles are sold under an entire 

 contract, and for one gross sum, a delivery of a part has been 

 helil to amoimt to a deliven' of the whole, although scattered 

 in different places. 



But where a certain quantity of articles are sold to be taken 

 froift a larger quantity, by being measured or weighed, a 

 delivery of a part of the amount sold does not operate as a 

 deliverv of the whole, so as to vest the title in the vendee as 

 against third persons, unless the whole amount sold has been 

 separated from the larger quantity. 



A delivery of a key to a storehouse in which the property 

 sold is stored, with the intent to surrender the possession of 

 the property', will amount to a deliverv' . 



And where the owner of a horse, kept at a livery stable, 

 agreed at another place to sell it, received the price from the 

 purchaser, and at the same time the seller paid the stabler for 

 the pre%4ous keeping of the horse and the purchaser directed 

 him to continue to keep it and feed it on hay, and promised 

 to pay him therefor, and the stabler afterwards removed the 

 horse from the stall in which it had been, to another more 

 convenient for feeding Avith hay. Held, in the absence of 

 fraud, these facts showed a deliverv of the horse asrainst a 

 subsequent attaching creditor of the seller. 



