The seller, after he has sold the goods named in the contract of sale, continues to have a special property interest in the goods, which grows out of the original ownership, as long as the possession remains in him

1 Whitney vs. Boardman, 118 Mass., 242. Smith vs. Wheeler, 7 Oregon, 49.

5 Barnard vs. Campbell, 58 N. Y., 73 either actual or constructive. The special property right is designated the vendor's lien, although the right carries with it something more than the mere lien as we ordinarily understand the term.6

The lien, the holding of the goods to secure payment, secures only the unpaid purchase price, and does not extend to the payment of storage or dock charges, or any other expense or charge incident to the exercise of the lien.7 The lien being a mere right or privilege as a protection to the vendor, he may waive the right to exercise the same. The lien is impliedly waived by giving credit to the purchaser, unless it is further understood that the goods are to remain in the possession of the seller. This implied waiver is more or less a conditional waiver, made on the understanding that the purchaser will keep his credit good at least until receipt of the goods by the vendee.

The vendor's right of lien is lost by unconditional delivery to the vendee.8 The lien is not lost, however, if the purchaser procures possession by fraud, unless the goods have passed to a bona fide purchaser.