A mere consignee of goods, that are to be sold on a commission for the owner, is a factor, and the representative, or agent of the owner. The title remains in the consignor. And it has been held that a sale does not take place, but that it is only a consignment for sale, where the owner delivers goods to be sold at a price fixed by the owner and to be paid for at a rate agreed upon by the consignee at a date agreed upon.22 On the other hand, where goods are shipped to be paid for as sold, but at all events to be paid for in twelve months it is an absolute sale.23 So in the case where a consignee is invested with possession in a thing, to pass title as in himself, where the possession is held under an understanding with the owner, that as between themselves, no title is to pass until the thing is paid for, it was held that no title passes until payment was made.24 The owner of the goods left on consignment with another, who is invested with all the indicia of ownership, could not assert his ownership or title in the goods as against a purchase from the consignee, who bought in good faith, even though he bought under terms contrary to the way the agent was instructed to sell by the owner.

16 Wright vs. Ross, 36 Cal., 414.

17 Blystone vs. Burgett, 68 Am. Dec. 658.

18 Mervine vs. White, 50 Ala., 388.

19 Wright vs. Wright, 2 Litt. (Ky),9. 20 Morgan vs. Shinn, 15 Wall.

(U. S.), 105; Henderson vs. Mayhew, 2 Gills (Ind), 393.

21 National Ins. Co. vs. Webster, 83 I11., 470; Mfrs. Bank vs. Rugee, 59 Wis., 221; see also Purington vs. Akhurst, 74 I11., 490.

22 Andenreid vs. Betteley, 8 Allen, 302.