SALES OF PERSONAL PROPERTY. 141 



Wliere a quantity of grass standing upon a lot of land was 

 sold early in the season, and before it was fit to cut, and a 

 handful of growing grass was plucked and delivered to the 

 purchaser in the field, in part execution of the contract of sale 

 of the whole crop, it was held not to be a good symbolical 

 deliyery of the grass. The grass,. until severed from the land, 

 was not personalty but a part of the realty, and therefore 

 could not be delivered as personal property. 



The same rule undoubtedly applies to a contract for wood 

 and timber standing upon land of a vendor. There can be no 

 delivery sufficient to pass the title to the vendee, as against 

 one to whom the land had been conveyed by deed Avithout 

 resei'V'^e, or against an attaching creditor, unless the wood and 

 timber had been severed from the land. 



Of course this rule applies only when the wood and timljer 

 is sold as personalty. It ma}' be sold and conveyed by a deed 

 the same as the soil, and confer a good title in the vendee. 

 Where a sale is made on condition that the property shall 

 remain the vendor's until paid for, no title vests in the vendee 

 until the condition is complied with. And this will be so, 

 although the property is delivered to the vendee at the time 

 of sale. 



And whatever may be the condition, if not contrary to some 

 statute provision, no title passes unless the condition is strictly 

 complied with, unless there are some acts of the vendor sub- 

 sequent to the sale that amount to a waiver of the condition. 



And where a sale of personal property is sold for cash, and 

 the vendee gets possession of the property without paying 

 therefor, no title passes, and the propert}'^ may be reclaimed 

 by the seller. 



Whenever property sold on a condition which has not been 

 fulfilled, is sold by the vendee to one ignorant of the condi- 

 tions of the original sale, the vendor in the first sale may 

 recover his property or its value of the one who has the pos- 

 session of it, unless he himself is guilty of some laches in 

 claimino; it. 



When a party sells personal property, he is understood to 

 affirm that the property he is selling is his own ; a warranty of 

 title is implied. 



The vendor of personal property fi-equently is held upon a 



