320 STATE BOARD OF AGRICULTURE, 



detaining it. And by a regular sale, even without delivery, the property is so- 

 absolutely vested in the buyer that if it afterward dies or is destroyed in the 

 seller's custody, without his fault, still he is entitled to the price. 



We call a commutation of one article for another, as of one horse for another, 

 a trade or an exchange, but with regard to the law of sales or exchanges, there 

 is no difference. If I say "I will give you my horse for yours," the bargain 

 is struck if you agree to take it, and if immediate tender be made it has the 

 same effect as a sale for money. 



If two parties exchange horses with the privilege to one of the parties to 

 return within a given time the horse received by him in exchange, and such 

 party fail within the time to return the horse so received, the trade becomes 

 absolute. 



Where one party says to another : "When you get ready to sell your corn 

 haul it to my warehouse in Grand Kapids, and I will make it satisfactory as to 

 price," and the corn is hauled and delivered at the warehouse, the law implies 

 a contract to pay the market price at the time and place of delivery. 



When there is a mutual mistake as to price, as, for instance, when the seller 

 asked 8165, but the buyer understood him to say $65, it is no sale, and, 

 although the article be delivered, no title passes. 



Farm and dairy products thereafter to arise out of the farm are the subjects 

 of sale — as, if I agree with you to pay you a certain price for your wheat when 

 it is cut and threshed, or a certain price for your wool when it is sheared, or 

 the market price for your pork when it is fattened. If I pay you the price, or 

 you give me credit, the product is mine when the time arrives. 



A sale of a certain description of standing timber, to be taken off in a spec- 

 ified time, is a sale of so much as the buyer takes off within the time specified. 



If a person having a crop on another person's land sells all his interest in it, 

 this is a complete sale, and passes all the property which the seller has in the 

 crop to the buyer. 



A contract provided for the sale of ''all the hemlock bark now on the trees 

 standing" on certain premises. The purchaser agreed to have all the bark 

 *' peeled by the first day of September, 1864, piled, measured, and settled for 

 in full," and he was to "have the right and liberty and privilege of free ingress 

 and egress, to enter at any time and at all times upon said land, to cut, fell, 

 and pile the bark, and to draw it away." It was held that the purchaser was 

 not entitled to any bark except such as was peeled and piled before the time 

 specified. 



A bought a lot of potatoes of B, and B agreed to put them in sacks and ship 

 them to A's residence. It was held that B was bound to deliver them on board 

 the cars to be transported to A's residence. 



A contract between a farmer engaged in raising corn and a grain dealer, 

 made whilst the corn was growing in the field, whereby the farmer sold to the 

 dealer a certain quantity of corn at an agreed price, to be delivered when 

 called for, the purchaser to give ten days' notice of the time he would call 

 for it, and a part of the purchase money being paid at the time of making 

 the bargain, is an absolute sale of the corn, to be delivered in the future ; 

 and in such a case the purchaser is bound to give notice of his readines to 

 receive the corn within a reasonable time, and if he fail to do so the seller 

 may offer to deliver the corn without such notice, and the purchaser is bound 

 to accept and pay the contract price. 



By statute, no contract for the sale of any goods, wares, or merchandise for 

 the price of fifty dollars or more, is valid unless the purchaser shall accept 



