The place of delivery as already stated, is ordinarily fixed as the place where the goods are at time the sale is made. If goods for instance, are bought at a shop, delivery is to be made there, in the absence of an agreement to deliver elsewhere.4 And the same principle is applied in the case of goods to be manufactured or raised from the soil. The rule has no application however, where the parties make an express agreement as to where delivery is to be made, or when the parties deal with each other supposedly having in mind a fixed and general custom. Where a fixed place of delivery is agreed on by the seller, this then is a term of the

3 Mitchell vs. LeClair, 165 Mass., 308.

4 Smith vs. Gillett, 50 I11., 290 contract and its fulfillment is a prerequisite to recover on the contract.5

Where the place of delivery is at the option of one of the parties, the Massachusetts court has stated the rule as follows: "Where the vendee is by the terms of the contract to designate the place of delivery, the vendor is bound to make delivery at the place designated. If the vendee omits to designate the place, the vendor is guilty of no breach of contract if the articles are ready for delivery at the time fixed by the contract."6