The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-03-23
Madison Station, Miss, Feb. 4, 1870.
From the Carrollton Conservative.
SALES.
VII
BY ]. q. GEORGE.

The most common of all sales are sales
of personally, which term includes, in
this connection, everything but land and
debts.
1. There can be no valid sale of per-
sonal property for the price of $50 and
upwards, unless there be delivery of the
property sold, or some part of it, or un-
less the buyer pay or secure the price, or
a part of it, or unless some note or MEM
orandum in writing Of the bargain to be
signed by the party to be charged by
such contract, or his lawful agent Thus,
if A and b meet and agree together that
A will sell b his horse, for $50, and B
agree to pay that sum for the horse, if
nothing more be done, the sale is invalid,
and A cannot recover the price from b,
nor can B get the horse from A. But if,
in addition to this, B pay to A SIS, as
part of the price for the horse, or give
his note to A for the $50, or any part of
it, or if he deliver to A another horse, or
note on another person, or any other
property, to hold as security until the
price be paid, then the sale is Valid
And the sale would also be good if A
then delivered the horse to b, though no
part of the price was paid or delivered.
And if the sale be of articles in bulk, as
corn, salt, -four, cotton, &C., if the sale
be made for all of the bulk, as a crib of
corn, or pen of cotton, or ten bales of
cotton then packed, at price IN gross
then agreed on, as for 500 or 5000 or
5000, then the sale will be good. if any
part of the corn, cotton, salt, &C., be de-
hvered to the buyer. The delivery of
part being, for the purpose of making
the sale valid, equivalent to the delivery
of the whole.
2. But here, as my Lord Coke would
say, diversity must be noted, in rela-
ton to sales of property in bulk, which |
think will be better understood by illus
tration than by the statement of the
principle. Thus if / have a crib of corn
holding 1000 bushels and l sell you a
part, say 200 bushels out of that crib and
you pay me the price, still the sale is not
good, because the 200 bushels is not sep
arated from the other and you cannot tell
which 200 bushels you are entitled to.
In that case, if deliver the 200 bushels.
it is all right; if / fail, you can recover
damages from me for the loss you sustain,
but you cannot get the corn; and so if
deliver 100 of the 200 bushels sold. the
sale is good to that extent and no more.
and as to the remaining 100 bushels, if /
refuse to deliver it, you are left to your
action for damages. So it must be un-
derstood that, when it is said, delivery
in part is equivalent to delivery of the
whole, it is meant that delivery of an
ascertained bulk, all of which is included
in the sale, is good. Thus, if sell the
whole crib of corn, and deliver ten bushels
of it under the contract, the sale is good,
and if refuse to deliver the balance,
you can get it by acton Of replevin.
3. One of the most intricate points In
relation to sales is to determine when the |
sale is completed and the property at the
risk of the buyer. The best I can do is
to give some general ideas on the subject,
since to undertake to discuss it fully |
would be foreign to the purpose of these |
letters. 1t may be stated generally, that |
whenever the title and property has pass. |
ed to the buyer 70 that he could main /
tain replevin for it, then If it be destroy |
ed, the loss falls on the buyer, and when
ever any act remains to be done which /
is necessary, either to ascertain the pre-
else thing sold, or necessary to fix the |