Correspondetice. 355 



The rights of a purchaser by post depend largely upon the 

 facts of each particular cas3. He cannot reject birds merely because 

 they do not come up to^ his expiaetations, fur hisi takes t.'hie risk 

 of buying without inspection and must stand by the result. The 

 legal principle is expressed in the maxim Caveat emptor — This bare 

 statement must however be qualified to this extent — if the des-. 

 oription of the birds given by the seller is such that it amounts 

 to a representation, as to their quality, inducing the purchaser to 

 buy and upon the faith of which he buys, he iis entitled, if thpy 

 do not answer to that description, to in,'timate (pr(jmp'tly) to the 

 seller that he refuses to take them, and to demand and, if neces- 

 sarj', sue for the return of the price. A purchaser can of coui'se 

 reject birds which completely fail to answer the description under 

 which they are sold, but mere " puffing " will not give i^ise ,t{o 

 a right to do so. 



Whethei'' it is for the buj-er to take possession of the birds, 

 or the seller to send them to the buyer depends in eaich case oiu 

 the contract expressed or implied between the parties. In the absence 

 of any such contract the place for delivery of the birds is the 

 seller's place of business or (if he has not one) his residence, and 

 if he is authorised or required to send them by rail or other carrier, 

 and makes a reasonable arrangement for their transmission, they 

 are at the risk of the buyer during transmission. If they arrive 

 dead, dying, or in bad health, solely as a consequence of their 

 journey, the purchaser is without remedy. If, however, the seller 

 sends them off in such a condition that he knows they are likely 

 to ajTive dead or dying, the purchaser could refuse to take them; 

 but this would alwaj's be difficult of proof. 



HOEATIO R. FILLMEPt. 



AVIARY NOTES. 



Sir,, — With regard to my aviaries, I am sorry to be unable 

 to report anything of interest, having been away from hjome all 

 tho summer. This damp; climate and th^ partial shade <jf my 

 lower aviary (described in the January B.N. current vol.), seems 

 to suit the Pekin Robins excellently. '.'This aviary now contains 

 2 hen Pekins, 2 hen Grey Singing Pihches, one . cock Grey 

 Pinch, a pair of Gioldfinches, a hen Avadavat, whose mate 

 has been indoors on account of the cold, and seven 

 young Saffron Finches, last year's birds, just moulting inta adult 

 plumage. A nest basket was provided in the shelter 'for thp 

 Avadavats, and when I came to investigate I found it contained 

 one egg, which I concluded belonged to t'hie AvadaVats. When 

 the nest was taken down for cleaning p«qjoses, I found 

 the egg to he much too large for the Avadavat, it w;a^ w^ite 

 speckled with grey, ajid rather rouncT, so must be a, "Saffron's 

 egig. Howl one ever squeezed through thie small opening to the nest 



