Page:United States Statutes at Large Volume 47 Part 1.djvu/1232

1208 Reservation of right of possession, etc., when goods shipped . 72d CONGRESS . SESS . II. CH. 128. FEBRUARY 27, 1933. RULE 2. Where there is a contract to sell specific goods and the seller is bound to do s omething to the goods, f or the p urpose o f putting them into a deliverable state, the property does not pass until such thing be done. RULE 3. 1. When goods are delivered to the buyer "on sale or return," or on other terms indicating an intention to make a present sale, but to give the buyer an option to return the goods instead of paying the price, the property passes to the buyer on deliver, but lie may revest the property in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time . 2. When goods are delivered to the buyer on approval or on trial or o n sat isfac tion, or other simi lar terms , the pro perty ther ein p asse s to the buyer- a) When he signifies his approval or acce ptance to the se ller or does any other act adopting the transaction ; (b) If he does not signify his approval or acceptance to the seller, but retains th e goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a rea- sonable time . What is a reasonable time is a question of fact . RU LE 4. 1. Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliver- able state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer . Such ass ent may be expre ssed or implied, and may be given either before or after the appropriation is made . 2 . Where, in pursuance of a contract to sell, the seller delivers the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holdin for the buyer, he is presumed to have unconditionally appropriate the goods to the contract, except in the cases provided for in the next rule and in section 616 . This presumption is applicable, although by the terms of the contract the buyer is to pay the price before receiv- ing delivery of the goods and the goods are marked with the words "collect on delivery" or their equivalents. RULE 5. If the contract to sell requires the seller to deliver the goods to the buyer, or at a particular place, or to pay the freight or cost of transportation to the buyer, or to a particular place, the property does not pass until the goods have been delivered to the buyer or reached the place agreed upon . SEC. 616 . RESERVATION OF RIGHT OF POSSESSION OR PROPERTY WHEN GOO DS ARE SHIPPED . -1 . Where there is a contract to sell specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of possession or property in the goods until certain conditions hav e been fulfilled . The right of possession or property may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer . 2. Where goods are shipped, and by the bill of lading the goods are deliverable to the seller or his agent, or to the order of the seller or of his agent, the seller thereby reserves the property in the goods . But if, except for the form of the bill of lading the property would have passed to the buyer on shipment of the goods, the seller's prop- erty in the goods shall be deemed to be only for the purpose of secur- ing performance by the buyer of his obligations under the contract .