DELIVERY. 13 



not free if the cheque be dishonoured ; (a) and if bank-notes, 

 or the bill or note of a third party, are offered and taken as 

 cash, without endorsation of, or recourse on the buyer, the 

 seller has no remedy against the buyer unless he knew of the 

 insolvency of the bank or third party, or unless he omitted 

 something necessary for procuring payment. (6) Delivery 

 may be refused till payment, in a ready-money trans- 

 action ; (c) but if a horse be delivered before payment, the 

 buyer will be entitled to set off a sum due to him by the 

 seller against the price demanded.((;Z) 



If it be stipulated simply that a bill shall be given for the 

 price, the bill must be sent within reasonable time ;(e) but 

 such a condition as " to be sent in course " is absolute.(/) 

 The stipulation that a bill shall be given for the price means 

 the buyer's own bill.((/) But if the sale be made by a 

 broker for the seller, the seller may object to the credit if 

 he do so directly on ascertaining the buyer's credit, (/i) or if 

 there has been undue concealment, or a change in the con- 

 dition of the buyer's credit between the time the bargain Avas 

 made and the tendering of the bill.(i) A " discountable " 

 bill means one that will fetch money at the banks, and an 

 "approved bill" one which is unobjectionable.(y) A 

 special condition of "ready money" suspends the passing 

 of the property in a question with creditors, (/i-) 



13. Delivery. — The primary obligation of the seller is to 

 deliver the horse sold so as to complete the transfer ; and 



(a) Sveret v. Collins, 1810, 2 Camp. 51.5. 



(b) Camidrje v. Allenhy, 1827, 1 Ross' L.C. 366 ; B. Pr. 127 ; 

 Fenn v. Harrison, 1 Koss' L.C. 350. 



(c) B. Pr. 127. 



(d) Bell on Sale, 108. 



(e) Brodie v. Todd, May, 1814, 17 F.C. 609. 

 (/) Colvin V. Short, 1857, 19 D. 890. 



(fj) B. Pr. 105. 



(h) Hodgson v. Davies, 1810, 2 Camp. 530. 



(i) Brandt v. Dickson, 1876, 3 R. 375. 



(j) B. Pr. 106-107. 



(i) B. Pr. 103. 



