A contract may be made for the sale of goods, not yet in existence, but the contract does not ordinarily become a sale, until the goods are manufactured, produced or grown and the seller's complying in other particulars with the order. It is deemed sufficient, according to the greater weight of authority, for the purpose of passing title to the goods, for the seller to produce the goods as specified, and to tender or offer delivery of the same. The acceptance by the buyer is not required.14 The seller could recover for the goods as soon as tender is made, if he elects so to do, but might, on refusal of purchaser to accept, make a resale of the goods and sue for the difference. There is some authority, however, to the effect that acceptance, in such case, is necessary to pass title.

10 Guy vs. United States, 25 Ct. Cl.,

61.

11Ropes vs. Lane, 9 Allen (Mass.),

502; Morrison vs Woodley, 84 I11., 192. For the opposite view see the case of White-house vs. Frost, 12 East, 614.

12 Moody vs. Brown, 34 Me., 107.

13 Thorndike vs. Bath, 114 Mass., 116.

Where goods are in process of manufacture or construction the title may pass by stipulation, if the parties so agree, before the goods are completed. But the intention that the title was to pass must be clearly shown, and the mere fact that installments on the purchase price are paid from time to time, or that the goods are made under the superintendence of the buyer, would not alone show an intention to pass title before completion of the subject matter of the sale, but if by taking all the stipulations together, the intention to pass title is clear, the property will vest in the purchaser during the progress of the work.15

The general rule, as to when title passes to things that are to be grown, is stated as follows by the Colorado Court: The contract was one for producing and selling certain alfalfa crops, the seller being obliged by the contract to raise, cut, stack and measure the alfalfa; this he did and a recovery was allowed on such, showing the title having been held to have passed when the terms of the contract were fulfilled. The court said: "The weight of authority is, that the appropriation by the seller of the article when completed in accordance with the terms of the contract, passes the title without the subsequent assent of the purchaser, and an action for the agreed price can be maintained." 16

14 Shawhan vs. Van Nest, 25

Ohio St., 490. 15 Briggs vs. A Light-Boat, 7

Allen, Mass., 287. 16 Colorado Springs Live Stock Co. vs. Godding, 20 Colo., 249.