The Sale of Goods Act (Ont. s. 2; U. K. s. 62) provides: "Specific goods" shall mean goods identified and agreed, upon at the time the contract of sale is made.

The statute contains no definition of "ascertained goods" but it has been said that the expression means that the individuality of the goods must in some way be arrived at. See Thames Sack and Bag Co. v. Knowles, [1918] W.N. 176, 119 L.T. 287.

In the case of specific or ascertained goods which are the subject of a contract of sale and which are owned by the seller at the time of the contract, the parties may intend any one of several things. (1) They may intend to effect a present transfer of the property in the goods (a) without present transfer of possession, the seller retaining a special property in the goods by virtue of his lien for the price, or (b) together with present transfer of possession. (2) They may intend that the property in the goods shall be transferred at some future time fa) with present transfer of possession, or (b) with future transfer of possession.

The Sale of Goods Act (Ont. s.19; U.K. s. 17) provides:

19. - (1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.