The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1871-03-25

[ pay me the price, still the safe u h''
good, bccauae the goo bushels Is not
separated from The other, and you
cannot ,ell which 200 bushels you
are entitled TO. In that case, Il !
deliver the 200 bushcls,it is all right
| if | fail, you can recover damages
| from me for the lost you sustain,
but YOU cannot get the corn; and
80 if | deliver 100 Of the 200 bushels
sold, the sale is good to that extent
and no more, and as the remaining
/ 100 bushels, i'll refuse to deliver it,
you are left to your action for dana
ges. So it must be understood,
that, when it is said, a delivery in
part is equivalent to a delivery of the
whole, it is meant that delivery OF
part of an ascertained bulk, all OF
which is included in the sale,is good.
Thus, if | sell the whole crib OF
corn, aud deliver ten bushels OF II
under the contract, the sale Is good,
and if | refuse to deliver the balance
you can get it by action ofreplevin.
3. One of the mostintricate points
| in relation to sales is to determine
when the sale is completed and the
property at the risk of the buyer
The best | can do is to give some gen.
eral ideas on the subject, since to
undertake 70 discuss it fully would
be foreign to the purpose of these
letters. 1t may be stated generally
that whenever the title and property
has passed to the buyer so that he
could MAINTAIN replevin for it, then
if it be destroyed, the loss falls on
the buyer, and whenever any act re-
mains to be done which Unnecessary
either to ascertain the precise thing
sold,o necessary to fix the price,and
there is no delivery, if the property
be destroyed, it is the loss of the sci
Ter.
Thus, in the illustration before
stated, if a sale be completed of
crib of corn, (thc whole of it at
price fixed, as $1,000, or S100,) ant
it is burned before delivery, the losf
is the buyers unless the seller in adj
dition to the contract of sale, guaran.
tee it against fire; but when the
sale is of all the corn in the crib, al
so much per bushel, and the corn is
after the agreement, to be measured
in order to ascertain how much mou
ey is to be paid for it, then the sale
| is not complete, and if it be burned
or stolen before measurement, the
loss is the sellers. In such case,
however, if a part be measured and
delivered, this part Is the property
of the buyer, and if destroyed after
wards would be his loss.
4. SO it may be observed that part
delivery, which makes the sale Of
the whole good and complete, or
vests the title in the buyer, means,
always, a delivery OF a part Of a
bulk which bulk has been set aside
to the buyer, or was bought entire
by him, and that when the sale is of
so much of bulk, as 200 bushels
out of crib of 500 bushels of corn.
a delivery Of part makes the sale
good only as to the part deliverd.
5. To prevent misconception, J.
ought to state there is a distinction
between valid sale and valid agree
ment to sell. A sale always means
complete sale whereby the title is
passed over to the buyer; but therc
may be a valid agreement to sell
where the sale is incomplete, and
this puts it in the power Of eithen
party to make the other complete
the contract, or pay damages fol a
tailuc to do 50. Thus, in the fore
going illustration ofa sale Of part
Of bulk, say 100 out OF 200 BUSH
els, if the agreement to sell be made
valid by the delivery Of part of.the
100 bushels, or by the payment Of
the price, or by its being reduced to
writing then if the seller refuse to
deliver the balance, be is liable in
damages; and if the buyer refuse to
take the balance he is liable in dam
ages.
But when the agreement to sell
is invalid, as where the sale amounts
to $50 and upwards, and there is no
delivery Of part, nor part payment
Of price, and no writing showing the
sale, then if either refuse nothing
can be done, and the matter stands
exactly as if no agreement had been
made.