Where doubt is raised by the parties themselves 3 Byles vs. Collier, 54 Mich., 1 failing clearly to express their intention, certain rules of construction are adopted by the courts. The law indulges in the presumption that no title has passed to the goods, where something remains to be done to put them in shape for final delivery and until this thing to be done is accomplished.4 But the fact that the price has not been fixed, would not of itself alone prevent the title from passing. So the presumption last spoken of, indulged in by the law, may be overcome, if, notwithstanding the fact that something remained to be done, the parties had intended a sale nevertheless.5 The rule is restated in Graff vs. Fitch,6 as follows: "While the general doctrine on this subject may be regarded to be, that where some act remains to be done in relation to the articles which are the subject-matter of the sale, as that of weighing or measuring, and there is no evidence tending to show an intention to make an absolute and complete sale, the property does not pass to the vendee, until such act is performed, yet where it appears, that the parties intended that the sale should be complete before the articles sold are weighed or measured, the property will pass before this is done." Where the seller, by the terms of the contract, agrees to forward the goods to the buyer, the property right in the goods, and the risks of loss remain in the seller, and until the goods are transported to the buyer, the title remains in the seller and only passes on delivery to the buyer.