It is the general rule of law, that when a sale and delivery is made of specific chattels without condition, title passes thereby to the buyer and the law presumes the contract is an actual sale, even in advance of delivery, if the thing sold is ready for delivery.

4 Yockey vs. Norn, '101 Mich., 193. 5 Graff vs. Fitch, 58 I11., 373.

6 58 Ill., 373.

The fact that the seller retains the goods in his possession for security does not affect the presumption of sale,7 unless the sale was understood to be on a cash payment, operating as a condition precedent, but even in that case, it is sometimes held that the title is transferred as soon as the agreement is reached, and that the goods are held at the risk of the buyer, and that the seller is merely asserting his lien in retaining possession until the price is paid.

If a party purchases an entire lot of cigars of another, and the vendor, after receiving payment, takes the purchaser to the factory, and says: "Here are your cigars," handing to him several boxes, and the purchaser pays for the stamps to go upon the boxes, and the purchaser employs the hands in the factory to stamp them, this being as complete a delivery as the vendor can make, will be sufficient to pass the title against an attaching creditor of the vendor.8