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Free Books / Society / Law / Sales, Personal Property, Bailments, Carriers, Patents, Copyrights / | ![]() |
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Section 28. Sale Of Chattels Not Specific |
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This section is from the book "Popular Law Library Vol5 Sales, Personal Property, Bailments, Carriers, Patents, Copyrights", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
It is quite essential to the sale that the goods to be sold, must be separated from other goods so that they may be identified, in order that title pass.10 The same rule applies to goods that are to be manufactured, title does not pass until goods are completed and made ready for delivery. It is the general rule also, which, however, we find cannot be reconciled with the conflicting rule of certain other courts, that where there is a sale of a quantity of goods from a uniform mass, an appropriation is necessary of the certain specified portion of the mass in order that the purchaser may be vested with authority.11 When the appropriation of the thing to be sold is subsequently made, then the agreement to sell, becomes a sale in fact, when the parties expressly or impliedly assent to the appropriation as made.12
It is quite possible that there be a sale of an unfinished chattel, if the parties agree that the title pass at once, even though the vendor is to complete the chattel subsequent to the sale as made.13
This is another case where the real intention of the parties will govern.
 
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