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SALE OF GOODS

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Originally appearing in Volume V24, Page 63 of the 1911 Encyclopedia Britannica.
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SALE OF GOODS . Sale (O.Eng. See also:sala, sellan, syllan, to See also:hand over, deliver) is commonly defined as the See also:transfer of See also:property from one See also:person to another for a See also:price. This See also:definition requires some See also:consideration in See also:order to appreciate its full See also:scope., The See also:law of sale is usually treated as a See also:branch of the law of See also:contract, because sale is effected by contract. Thus See also:Pothier entitles his classical See also:treatise on the subject, Traite du contrat de vente,. and the See also:Indian Contract See also:Act (ix. of 1872) devotes a See also:chapter to the sale of goods. 'But a completed contract of sale is something more. It is a contract plus a transfer of property. An agreement to sell or buy a thing, or, as lawyers See also:call it, an executory contract of sale, is a contract pure and See also:simple. A purely See also:personal See also:bond arises thereby between seller and buyer. But a See also:complete or executed contract of sale effects a transfer of ownership with all the advantages and risks incident thereto. By an agreement to sell a See also:jus in personam is created; by a sale a jus in rem is transferred. The essence of sale is the transfer of property for a price. If there be no agreement for a price, See also:express or implied, the transaction is See also:gift, not sale, and is regulated by its own See also:peculiar rules and considerations.

So, too, if commodity be exchanged for commodity, the transaction is called See also:

barter and not sale, and the rules See also:relating to sales do not apply in their entirety. Again, a contract of sale must comtemplate an See also:absolute. transfer of the property in the thing sold or agreed to be sold. A See also:mortgage may be in the See also:form of a conditional sale, but See also:English law regards the he See also:release See also:witchcraft. See also:Salem was an important See also:port after 1670, especially in the See also:India See also:trade, and Salem privateers did See also:great damage in the Seven Years' See also:War, in the War of See also:Independence (when 158 Salem privateers took 445 prizes), and in the War of 1812. On this See also:foreign trade and these See also:rich periods of privateering the prosperity of the See also:place up to the See also:middle of the 19th See also:century was built. The First Provincial See also:Assembly of See also:Massachusetts met in Salem in 1774. On the loth of See also:February 1775 at the See also:North See also:Bridge (between the See also:present Salem and See also:Danvers) the first armed resistance was offered to the royal troops, when See also:Colonel See also:Leslie with the 64th See also:regiment, sent to find See also:cannon hidden in the Salem " North See also:Fields," was held in check by the townspeople. Salem was the birthplace of Nathaniel See also:Hawthorne, W. H. See also:Prescott, Nathaniel See also:Bowditch, See also:Jones Very and W. W. See also:Story.

See also:

Marblehead was separated from Salem township in 1b49, See also:Beverly in 1668, a See also:part of See also:Middleton in ;1728, and the See also:district of Danvers in 1752. Salem was chartered as a See also:city in 1836. See See also:Charles S. Osgood and See also:Henry M. Batchelder, See also:Historical See also:Sketch of Salem, 1626—1879 (Salem, 1879) ; See also:Joseph B. See also:Felt, See also:Annals of Salem (ibid., 1827; 2nd ed., 2 vols., 1845—1849) ; Charles W. Upham, Salem Witchcraft (2 vols., See also:Boston, 1867) ; H. B. See also:Adams, See also:Village Communities of Cape See also:Ann and Salem (See also:Baltimore, 1883) ; Eleanor See also:Putnam (the See also:pen-name of Mrs Arlo See also:Bates), Old Salem (Boston, 1886) ; C. H. Webber and W. S.

Nevins, Old Naumkeag (Salem, 1877) ; R. D. See also:

Paine, See also:Ships and Sailors of Old Salem (New See also:York, 1909), and Visitor's See also:Guide to Salem (Salem, 1902) published by the See also:Essex See also:Institute.

End of Article: SALE OF GOODS

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