DELIVERY. 1 5 



sustained by the purchaser from delay on the seller's part 

 to deliver, there arises a claim of damages on account of 

 it :(«) and if there be no stipulation as to time, a reason- 

 able time is allowed for preparing to deliver Avhen neces- 

 sary. (6) 



Where there is a stipulation that a horse is to remain 

 with the seller till the buyer remove it, the seller is custodier 

 for the buyer, and if the horse perish without his fault the 

 loss is with the buyer ;(c) but if it is allowed to remain with 

 the seller till after the term of payment has arrived, he may 

 retain the horse, (cZ) unless he has given assent to a sub-sale 

 by the buyer intimated to him(e). 



15. Place of Delivery. — If no place be fixed where de- 

 livery is to be made, it is to be made where the horse is at 

 the time of j)urchase ;(/) but if a certain place be stipulated, 

 it must be made at that place ;(</) and the risk is with the 

 seller till the horse is there, or is delivered to a proj)er 

 carrier, (/i) If, however, the buyer give directions as to the 

 mode of transit, they must be fulfilled if possible, (i) and the 

 buyer stands the loss.(j) 



In any case, where a horse is given to a carrier for 

 delivery, it must be despatched with due care to secure 

 safe carriage,(/^) and to give the buyer a claim upon a 

 carrier, (^) and to enable him to insure it if he desire 

 so to do.(m) 



(a) Lord President Inglis in Webster v. Cramond Iron Co., 1875, 2 R. 752. 

 (h) Forbes v. Campbell, 1885, 12 R. 1065. 



(c) See § 8 ; B. Pr. 116. 



(d) Bloxam v. Sanders, 2 Ross' L.C. 48. 



(e) See under Retention, § 22 ; B.C. i. 243. 

 (/) Benj. 684. 



(fj) B. Pr. 117. 



{h) Dunlop <i- Co. V. Lambert, 1839, 15 S. 884, 1232 ; rev. 1839, M'L. and R. 663. 



{I) Harlc V. Oyilvie, 1749, M. 10,095. 



{j) Vale V. Bayle, 1775, Cowp. 294. 



{k) Sword V. MilloT/, Feb. 1813, 17 F.C. 209. 



(0 Bastie V. Campbell, 1857, 19 D. 557. 



(m,) Fleet v. Morrison, 1854, 16 D. 1122 ; B.C. i. 474 ; B. Pr. 118. 



