The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-08-21

! as the parties to the contract intend IL q
DC transferred.
(2.D For tn purpose OF ascertaining the
| Intention Of .he parties. regard shall be
| had 10 the terms OF the contract. the con
| duct Of the parties. us1Ges OF trade and
the circumstance OF the case.
Sec. 19-fRues ~for Ascertalning fnten-
tion.l Unless "A different intention ap-
| pears the following are rules for ascer-
taining the intention OF the parties as 10
! the time at which the property I'm the
goods Is to pass TO the buyer:
Rule i-~Where there ~ an uncondltlorl-
al contract 10 sell specific goods. in a de-
liyerable slate the property In the goods
passes TO the buyer when the contract il
made. and IL Is immaierial whether the
time OF payment or the time OF delivery.
or both. be- postponed.
Rule 2.-Whcre there is a contract 70
sell specific goods and the seller IL bound
TO do something to the goods. for the pur-
pose OF putting them into deliverable
state, the property does not pass until
such thing be done.
Rule 3.-0) When goods are delivered
10 the buyer ION sale or return" or on
other terms indicating an intention 10
make a present sale. but TO give the
buyer an option 20 return the goods in
stead OF paying the price, the property
passes 20 the buyer on delivery, but he
may revest the property In the seller by
returning or rendering the goods within
the time fixed in the contract, or, II no
time has been fixed. within reasona BILE
time.
(2) When goods are delivered to the
buyer on approval or on trial or on sat
isfaction, or other similar terms she
property therein passes to the buyer
ta) When he signifies his approval or
acceptance to the seller or does any other
act adopting the transaction.
tbJ II he does not signify this approval
the goods without giving notice of re-
lection. then. II time has been fixed for
the return Of the goods, on the expirati
OF such time. and, IL no time has been
fixed. on the expiration Of a reasonable
time When IL a reasonable time Is
question OF fact.
Rule 4-GD Where there is contract
to sell unascertained or future goods by
description. and goods OF that descrip-
tion and in a deliverable state are un-
conditonally appropriated TO the contract.
either by the seller with the assent Of
the buyer. or by the buyer with the as
sent Of t6e seller. the property in the
goods thereupon passes to the buyer
Such assent may be expressed or inn
piled. and may be given either before or
after the appropriation Is made.
t2) Where, I'm pursuance Of a contract
to sell, the seller delivers the goods To
the buyer. or TO carrier or other bailee
(whether named by the buyer or noD for
the purpose of transmission to or holding
for the buyer. he is presumed to have
Internationally appropriated the goods to
the contract, except In the cases provid-
ed for In the next rule and in Section -.
This presumption iS applicable. although
by the terms Of the contract the buyer is
to pay the price before receiving delv-
cry Of the goods and the goods are mark
ed with the words Collect on Delivery or
their equivalents.
Rule 5.-lf "A contract to sell requires
the seller TO deliver the goods to the buy
er, or at "A particular place. or to pay
the freight cost OF transportation to
the buyer or 10 "A particular place, the
property does not pass until the goods
have been delivered to the buyer or
reached the place agreed upon.
Sec. D,-t Reservation Of Right OF Pos
session or Property when Goods are Ship
ped Q) Where there is a contract To
sell specific goods, or where goods are
subsequently appropriated To the contract.
the seller may. by the terms of the con-
tract or appropriation, reserve the right
OF possession or property in the goods un-
I'll certain conditions have been fulfilled.
The right Of possession or property may
be thus reserved Notwithstanding the de-
livery of the goods to the buyer, or to
carrier or other baee for the purpose
OF transmission to the buyer.
the bill of lading the goods are delvera-
BILE to the seller or his agent. or To the
order OF the seller or OF his agent, the
seller thereby reserves the property in the
goods But IL, except for the form of the
bill OF lading, the property would have
passed to the buyer on shipment Of the
goods the sellers property in the goods
shall be deemed to be only for the pur-
pose OF securing performance by the buy
er of his obligations under the contract.
60 Where goods are shipped, and by
the bill of lading the goods are delivera-
BILE to the order OF the buyer or of his
agent but possession of the bill of lad
ing is retained by the seller or his agent.
the seller thereby reserves a right to the
possession of the goods. as against the
buyer.
"a Where the seller OF goods draws on
the buyer for the price and transmits the
bill of exchange and bill of lading to-
gcther to the buyer to secure acceptance
or payment Of the bill of exchange. the
buyer Is bound To return the bill Of lad
ing IL he does not honor the bill OF ex-
change. and IL he wrongfully retains the
bill OF lading he acquires no added right
thereby. IT. however. the bill Of lading
provides that the goods are deliverable
to the buyer or to the order of the buy
er. or is endorsed In blank or TO the buy
er by the consignee named therein. one
the bill OF Ading. or goods from the buy
er will obtain the property In the goods.
although the bill OF exchange has not
been honored. provided that such pur-
chaser has received delivery Of the bill of
lading endorsed by the consignee named
therein, or OF the goods. without notice of
the facts making the transfer wrongful
Sec. I.-tSale by Auction.l In the case
OF a sale by auction
Q) Where goods are put up for sale by
auction in lots, each lot Is the subject OF
a separate contract OF sale.
(2.) A sale by auction Is complete when
the auctioneer announces its completion
by the fall OF the hammer. or In other
customary manner. Until such announce
ment Is made any bidder may retract his
bid; and the auctioneer may withdraw
the goods from sale unless the auction
has been announced TO be without re-
serve.
3) A right TO bid may be reserved ex-
pressly by or on behalf OF the seller.
a. Where notice has not been given
that sale by auction Is subject TO a
right TO bid on behalf OF the seller. Il
shall not be lawful for the seller TO bid