In all cases where the purchaser ultimately wishes to make use of the goods at a place, distant from the place of purchase, it is quite necessary that the goods be shipped to him by carrier, but since the delivery is held to take place at the place of sale, ordinarily the carrier must be considered as the agent of the purchaser and not the agent of the seller. Where the contract is silent on this point, the delivery is made by delivering the goods to the carrier.7 The seller, may, however, agree to assume the risk of carriage, if that is the case, then the carrier is the agent of the seller.

It is the usual rule, that with the transfer of the title in the goods, and delivery of same, the risks of carriage also pass to the purchaser8 and must be sent in accordance with the order of the purchaser. The delivery to the carrier, also must be made with the intention to pass title completely to the purchaser.9 The fact that goods are sold on credit will not interfere with the intention to pass title.

5 Miller vs. Somerset Co., 51 S. W

R., 614. 6 Lucas vs. Nichols, 5 Gray (Mass.), 309.

7 Prince vs. Boston & L. R. Co., 101 Mass., 542.

8 Diversey vs. Kellogg, 44 I11., 114.

9 Foster vs. Ropes, I11 Mass., 10.