5i2 LEGAL DEPARTMENT. 



The rule is : "If there is no expressed warranty by the seller, nor 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 re- 

 ceives his tide 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 tide. 



Sale of Personal Property. A sale is a contract by which the own- 

 ership is transferred from one person to another for a consideration in 

 money 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 ven- 

 dee ; the one who sells it 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 lies in the buyer, 

 and he is entitled to it upon payment. The buyer cannot take the goods 

 until 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 party who ' ' fails ' ' or becomes insolvent be- 

 fore they are delivered, the seller may not deli\'er 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 necessary to 

 record the same in the office of the Clerk of the County Court in the 

 County in which the goods are. 



