22 SALE AND WARRANTY. 



application to our subject-matter, and a few others 

 of primary importance, though not similarly dis- 

 tinguished ; being compelled to a selection of 

 some sort, by the obvious impossibility of even 

 alluding, in the compass of a few pages, to a 

 hundredth part of the incidents which ought to 

 be treated of in a regular dissertation on this 

 subject. 



" A sale is defined by Blackstone to be 'a 

 transmutation of property from one man to 

 another, in consideration of some price or recom- 

 pense in value.' But the terms of this definition, 

 as the celebrated commentator immediately sub- 

 joins, are evidently too comprehensive, as they 

 embrace the case of an exchange as well. A 

 transmutation of property for a pecuniary consi- 

 deration, seems, therefore, to be the proper defi- 

 nition of a sale. It is a transmutation of the 

 right oi property in goods, let it be remarked, as 

 contradistinguished from the mere right of pos- 

 session. 



" To enable society to enforce the obligations 

 resulting from such an engagement, some satis- 

 factory remarks are obviously requisite, of the 

 mutual consent of the contracting parties hav- 

 ing existed in a serious and deliberate form. 



