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82 SALES OF PERSONAL PROPERTY

An appropriation is said to be complete when the
party having authority to select performs some act in
connection with the goods which would be improper
until the actual appropriation had been made.
When the setter turns over the goods to a carrier to
be delivered to the buyer, the appropriation is made
unless the seller reserves the right to recall them.
It is assumed that the carrier is the agent of the
buyer and not of the seller. For example, when A
orders goods of B and agrees to pay the freight, they
may be said to be appropriated when they are
delivered to the carrier. There is some difference
of opinion regarding the question of appropriation
when the shipment is made C.O.D. When the seller
pays the freight the carrier is his agent, and there
is no delivery until the goods have left the hands of
the carrier.
A chattel mortgage is a conditional sale of personal
property in which the title passes at once with the
understanding that it shall revert to the original
owner in case the mortgagor shall pay, or cause to be
paid, a certain amount contracted for in a collateral
undertaking. In this case the possession remains in
the mortgagor, but the title passes to the mortgagee
upon the condition stated.
In New York state it is held that the mortgagee has
a special property in the thing mortgaged, but that
title does not vest in him until default in payment of
the principal debt which the mortgage was given to
secure.
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SALES OF PERSONAL PROPERTY 83

LESSON XXIV

SALES — Continued

46. Warranties.
