30. In W v. R Co., 29 N. J. Eq. 311, a seller who has been induced by fraudulent means to sell and deliver goods has a right to rescind the sale and reclaim the property, even as against transferees, unless they are purchasers in good faith for value; and such right continues until, with knowledge of the facts, he has confirmed the sale.

31. In L v. B, 4 (Paige) N. Y. 537, where goods are obtained by false and fraudulent pretenses, the person from whom they were obtained may follow them into the hands of any person who has paid no new consideration for the transfer to him.

32. In H v. E, 1 S. W. 707, to constitute a valid sale of chattels, as against the vendor's creditors and subsequent purchasers, there must be an actual, substantial, visible change and delivery of possession.

33. In K v. B, 53 Miss. 596, possession of personal property is not title. It is prima facie evidence of title, but nothing more, and will not protect one who buys on the faith of it against the holder of the title.

34. In B v. T, 66 (Barb) N. Y. 169, an affirmative by the seller that the property proposed to be sold belongs to him, or is of a certain description or quality, is a warranty.

35. In P v. M, 34 Iowa 522, by the terms of a warranty under which a reaping machine was sold, it was stipulated that in case it failed to work as warranted it was to be returned by the purchaser to a certain place. Held, that a notification by the seller to the buyer that he would not receive the machine back excused the buyer from any effort to return it.

36. In D Co. v. A B, 123 Mass. 12, one sold goods to be paid for on delivery, either in cash or notes of the purchaser. They were shipped under a bill of lading by which they were to be delivered on the payment of the freight. Before they arrived, some of the purchaser's notes were protested, and an agent of the seller was sent to stop the goods in transit. They were attached by one of the purchaser's creditors before his arrival, and before the purchaser had paid the freight or come into possession of them. Held, that the right of stoppage in transit had been reasonably exercised.

A promises to give B a horse the next week and fails to

do so. Can A enforce the promise?

2. A gives B a horse and the next week asks B to give it back to him. Must B comply with the request?

3. A rents a building from B for manufacturing purposes. When the lease expires B refuses to permit A to remove his machinery. To whom does the machinery belong?

4. A sells a house to B and nothing is said about a hot water heating plant installed in the usual way. Does the heating plant pass with the building?

5. A sells one hundred bushels of wheat to B for 80 cents a bushel, for which it is agreed he shall pay on the first day of the following month. The wheat is sacked up ready for B whenever he calls for it. B tenders payment according to agreement, but, wheat having risen to $1.00 a bushel, A refuses to deliver. Can B enforce delivery?

6. A rents property to B, who builds a barn thereon, on a stone foundation. In the absence of agreement can B remove the barn on expiration of his lease?

7. If B had built his barn on blocks supported by planks laid on the ground would it have made any difference?

8. Do the gas and water pipes pass with a building?

9. A is B's tenant and installs a furnace, but does not fasten it to the walls or floors. May he remove it?

10. A and B own a boat together. A sells the boat to C, who has no notice of B's interest. Can B recover the property? If not, what remedy has he?

11.

A lost a diamond ring which B found and sold to C. C being an innocent purchaser, can A recover the ring? May C recover its value from B?

12. A bought 50 bushels of wheat of B. It was agreed that the wheat should be measured out and paid for the next day. During the night it was destroyed by fire. Whose is the loss?

13. Jones bought wheat, by sample, from Williams at market price. Williams delivered wheat equally as good as the sample, both being worthless. If Jones has paid for the wheat can he recover his money? If Jones has not paid for the wheat, can Williams enforce payment?

14. A consigns goods to B. B fails before receiving them. A stops them in transit and they are attached by creditors of B. Who is entitled to the goods?

259. SEARCH QUESTIONS

What personal property is exempt from execution? When a defendant files a schedule of property as exempt from execution, what method of appraisement is provided for?

Are there any debts from which no property is exempt? What is the effect of a legal tender of personal property in payment of a debt? Is there a section of the Statute of Frauds relating to the sale of goods? What is the amount?

What sales are considered fraudulent? What provisions are made for chattel mortgages; acknowledgment, record, sales, any requirements as to the form of the promissory note evidencing debt?

What are the rules of descent in case of death of a person dying intestate?

Does the law recognize the possession of birds and animals as that of personal property? Is the rolling stock of railroads classed as personal or real property? May it be seized on execution? How is the personal property to be valued for taxation? When is it listed for taxation? When to be paid? When sold for non-payment of taxes? Is there an inheritance tax? Are any of the taxes progressive? Any regressive?

260. Introduction. The law of bailments has ever been important in the development of civilization. This subject deals with every class and branch of business. It has to do with the rights, duties, and liabilities of parties wherein one has the personal property of another in his care or keeping. This is so irrespective of whether the possession was voluntary or not, or whether he receives a consideration or not for his services. The main duty now incumbent on the person holding the property of another is to surrender the property to the rightful owner when some specific purpose has been accomplished. Any holding of the personal property of another that does not constitute a transfer of title is a bailment. Many common examples may be cited; as, A leaves his horse with B for safe keeping; this is a bailment, A is the bailor and B is the bailee. A loans his horse to B for the use of B; this is a bailment. A lets his horse to B for

hire; this is a bailment. A leaves a package on a train, B, the conductor, turns it over to the company; this is a bailment.

261. Definition. A bailment is a delivery of goods to another for a specific purpose other than a sale. After the purpose has been accomplished, the goods in the same or a changed condition are to be returned to the original party. The purpose may be for safe keeping, for use, for security, or to have work done upon the goods.

Other Definitions. "A delivery of goods in trust on a contract, express or implied, that the trust shall be duly executed and the goods re-delivered as soon as the time or use for which they are bailed shall have elapsed or be performed."

"A delivery of goods to another person for a particular use.” "A bailment is a transfer of the possession of personal property, without transfer of ownership, for the accomplishment of a certain purpose, whereupon the property is to be re-delivered, or delivered over to a third person."

1. Parties. The direct parties to a bailment are two in number: the bailor, the one who delivers the goods and who holds the title; the bailee, the one to whom the goods are delivered and who therefore has the possession. The bailment may be for the benefit of a third person. The general rule of contracts applies as to competency. Only personal property may be the subject of a bailment. The title is in the bailor and the possession in the bailee. A bailment terminates upon the return of the goods in the same or a changed condition to the bailor. If the goods returned are not the same as those delivered, the contract is not one of bailment. If a farmer delivers wheat to a miller and receives from a general supply a proportionate amount of flour there is no bailment, it is a barter. If the flour, delivered by the miller to the farmer, is to be manufactured from the latter's wheat, it is a bailment. Upon determining whether the contract is a bailment or not depends where the loss will fall in case the goods are destroyed. In the above illustration it would fall in the first instance on the