Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04

other terms indicating an intention to
make d present sale, but to give the
buyer an option to return the goods
instead of paying the price, the prop
erty passes to 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 con-
tract, or, if not time has been fixed,
within a reasonable time.
CD When goods are delivered to the
buyer on approval or on trial or on sat
isfaction, or other similar terms, the
property therein passes to the buyer:
(a) When he signifies his approval
other act adopting the transaction;
(b) If he does not signify his ap-
prevail or acceptance to the seller, but
retains the goods without giving no
been fixed for the return of the goods,
on the expiration of such time, and, if
no time has been fixed, on the expira-
ton of a reasonable time: What is
reasonable time is a question of fact.
4. ID Where there is contract to
sell unascertained or future goods by
description, and goods of that descrip-
ton and in a deliverable state are un-
conditionally appropriated to the con
tract, either by the seller win the as
sent of the buyer, or by the buyer with
the assent of the seller, the property In
the goods thereupon passes to the
buyer. Such assent may be expressed
or implied, and may be given either be-
fore or after the appropriation is made.
81 Where, in pursuance sIan ao Oh con- on
goods to the buyer, or TO carrier or
other bailee whether named by the
buyer or noD for the purpose or trans
mission to or holding for the buyer, he
is presumed to have Internationally
appropriated the goods to the contract,
except in the cases provided for IN the
next rule and in section u lf h1a
though by the terms of the. contract,
the buyer is to pay the price before
receiving delivery of the goods, and
the goods are marked with the words
collect on delivery" or their eQulVa-
Tents.
s. if the contract to sell requires the
seller to deliver the goods to the buy
er, or at a particular place, or to pay
the freight or cost of transportation
to the buyer, or to particular place,
the property does not pass until the
Goods have been delivered to the buyer
or reached the place agreed upon.
Section 1684u-20. l. Where there is
a contract to sell specific goods, or
where goods are subsequently appro-
rriated to the contract, the seller may,
by the terms of the contract or appro-
priatiOn, reserve the right of possession
or property in the goods until certain
conditions have been fulfilled. The
thus reserved notwithstanding the de-
livery of the goods to the buyer or to
carrier or to other bailee for the pur-
pose of transmission to the buyer.
3. Where goods are shipped, and by
the bill of lading the goods are dellV-
cred 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 if, except for the form
of the ill 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 purpose or securing perform
ance by the buyer Of his Obligations
under the contract.
8. Where goods are shipped and by
the bill of lading the goods are deliY.
cradle to the order of the buyer or OF
his agent, but possession OF the Dill OF
lading is retained by the seller or his
agent, the seller thereby reserves a
right to the possession of the goods as
against the buyer.
4. Where the seller of goods draws
on the buyer for the price and trans.
mits the bill of exchange md bill or
lading together to the buyer to SECURE
acceptance or payment of the bill OF
exchange, the buyer is bound to return
~ dill of lading if he does not honor
fully retains the bill of lading ne &C
quires no added right thereby. IT, how
ever, the bill Of lading provides that
the Goods are deliverable r. the buyer
or to the order of the buyer or is in
dorSnd in blank, or to the buyer by the
consignee named therein, one who pur-
chases in good faith, for value, the Dill
Of lading, or goods from the buyer will
obtain the property in the goods, al
though the bill of exchange has not
been honored; provided, that such pur-
chaser has received delivery OF the Dill
of lading Endorsed by the conSlgnee
named therein, or of the goods, without
notice of the facts making the transfer
Section 16s4t-21. In the case of sale
/. Where goods are put up for sale
by auction in lots, each lot is the sub
ject of a separate contract OF sale.
2. A sale by auction is complete
when the auctioneer announces it's
completion by the fall of the hammer,
or in other customary manner. UntlI
such announcement is made, any Dldder
may retract his bid; and the auctioneer
may withdraw the goods from sale I'M
less the auction has been announced to
be without reserve.
8. A right to bid may be reserved eX-
preSSly by or on behalf of the seller.
4. Where notice has not been given
that a sale by auction is subject to q
right to bid on behalf of the seller, 1t
shall not be lawful for the seller to
person to bid at such sale on his be-
half, or for the auctioneer to employ or
induce any person to bid at such sale
on behalf of the seller or knowingly to
take any bid from the seller or any
person employed by him. Any sale
contravening this rule may be treated
as fraudulent by the buyer. .,-----,.o
agreed, the goods remain at the sell
er'S risk until the property therein is
transferred to the buyer, but when the
property is transferred to the buyer
the goods are al the buyers risk,
whether delivery has been made or not,
except that:
G5 Where delivery of the goods has
been made to the buyer, or to a bailee
for the buyer, in pursuance of the con-
tract and the property IN the goods has
been retained bv the seller merely to
secure performance by the buyer OF his
obligations under the contract, the
goods are at the buyers risk from the
time of such delivery.
CIV Where delivery has been delayed
through the fault of either buyer or
seller the goods are at the risk of the
party in fault as regards any loss
which might have occurred but for
Section 1684t-23. 1. Subject to the
provisions of this act, where goods are
sold by a person who is not the owner
thereof, and who does not sell them
under the authority or with the consent
of the owner, the buyer acquires no
better title to the goods that the seller
had, unless he owner of the goods is by
his conduct precluded from denying the
sellers authority to sell.
2. Nothing in this act however, snail
affect:
(a) The provisions of any factors
enabling the apparent owner Of goods
to dispose of them as if he were the
true owner thereof.
(b) The validity of any contract to
sell or sale under any special common
Ia w Or StatJ1tOrV newer sale under