and in such a manner as is then agreed. If the consideration. to be given for the goods is not money, it might perhaps, in popular language, rather be called barter than sale, but the legal effect is the same in both cases. Such an agreement may have different effects in law upon the ownership of the goods to which it relates. It may be an agreement perfectly binding on the parties so as to give either of them a remedy against the person and general estate of the other for any default in fulfilling his part of the agreement, but having no effect on the property or right of possession in the goods, and giving the proposed purchaser neither the rights nor the liabilities of the proprietor; so that he has no preferable right to the goods themselves, nor any means of enforcing his demand against them more than any other creditor, and on the other hand he is not liable to any loss arising from the destruction or injury of the goods. Such agreements are generally called "Executory Agreements." Or it may be an agreement amounting to a bargain and sale of the goods, transferring to the purchaser the general property in the goods, and with it the rights and liabilities. attached to property, so that the purchaser has a specific interest in the goods themselves, of which he may avail himself, independently of his remedy against the vendor on the contract, and on the other hand making him liable to the general risk of any loss befalling the goods. Such an agreement is sometimes called an executed sale, but it is more technically called "a bargain and sale" of the goods. When goods are bargained and sold, the vendor, if unpaid, still retains certain rights over the goods until they are delivered. Such being the outline of the law, there are different points which it will be convenient to treat of separately, viz. : 1st, What is required to satisfy the provisions of the statute law, and render an agreement concerning the sale of goods capable of being enforced. 2ndly, What agreements amount to a bargain and sale, and what are but executory. 3rdly, What are the rights reserved to a vendor when the general property is transferred to the purchaser, but before it is delivered into his possession. Alteration of the note by the broker Where one party dispenses with the delivery of the note Where the notes disagree Signature of the entry in the book is not essential Whether the entry in the book is evidence One sold and three bought notes Baron Parke's opinion that the acceptance of the notes was Distinction between a licence to vary and a contract to vary. Or by the determination of an election Equitable interest in rem created by a promise to assign Determination of an election by delivery to a carrier. Intention to pass the property, but in consequence of a mistake |