LEGAL DKPARTMBNT. 569 



fraud on his part, and if the article is equally open for inspection of both 

 parties, the buyer who examines the article for himself must abide by 

 all losses arising from its not being what he wanted or expected." 



When goods are found to be unsound, or are not such as were ordered, 

 the purchaser should return them, as soon as the fact is discovered, to 

 the seller, or give him notice to take them back; otherwise it will be 

 presumed the quality is satisfactory. 



Sale of Stolen Articles. When the buyer purchases goods, he 

 receives his title in them from the seller; but if the goods prove to have 

 been stolen, the true owner can reclaim them at any time. They might 

 have been bought in good faith, in the regular order of business, and 

 for a valuable consideration; but if the one from whom the buyer 

 derives his title had none, it transpires that the buyer will have 

 no title. 



Sale of Personal Property. A sale is a contract by wjiich the 

 ownership is transferred from one person to another for a consideration 

 in meney paid or to be paid. To make it a sale there must be money 

 paid or agreed to be paid in exchange for the goods. An exchange of 

 goods for goods is "barter" or a "trade." 



The party who purchases the property is called the purchaser, or 

 vendee; the one who sells is called the seller or vendor. 



The growing or expected products may be bought and sold, viz: the 

 grain or grass expected to grow upon a field; the fruit that may grow in 

 an orchard; or the future increase in cattle or other stock. 



Delivery. It is not usually necessary that the goods be actually 

 delivered. When the terms of the contract are agreed to and accepted 

 the sale is complete. The title of the property then lays in the buyer, 

 and he is entitled to it upon payment. The buyer can not take the 

 goods till he pays for them. Here comes a nice distinction between the 

 right of property, and the right of possession. 



If the goods are sold to a person who "fails" or becomes insolvent be- 

 fore they are delivered, the seller may not deliver them. Even if 

 shipped, they may be stopped in transit, by notice to the carrier not to 

 deliver the goods. 



Bill of Sale. As a protection against the goods purchased and 

 named in a bill of sale, being seized for debts or judgments, it is best to 

 record the same in the official records of the town or county as the law 

 of the state requires. 



Know all m^n by THESb; presents, that in consideration of Three 



