Infancy. Lunacy. Alien enemy. Statute of Frauds. Statutes relating to sales of Ships. Statutes relating to sales of Prohibited Statutes relating to sales on Prohibited Days. II. LIABILITIES OF THE PARTIES. ANALYSIS (2). Lien. Extra-judicial {Stoppage in transitu. Assumpsit for not accepting. AS TO VENDEE Judicial .... OF VENDOR Trover. Actions founded on deceit and warrranty. Money had and received. Partners of vendor. Warranty. AS TO VENDor OF VENDEE AS TO THIRD RIGHTS AND LIABILITIES OF THE PARTIES. XIXXX The Law OF VENDORS AND PURCHASERS OF CHATTELS. BOOK I. OF THE CONTRACT OF SALE. CHAPTER I. PRELIMINARY CHAPTER. sale. SALE is defined to be the transfer of the pro- Definition of perty from the owner to some other person, in consideration of a price or equivalent recompence (a). There is no essential distinction between sale, and barter or exchange; in the former, Barter. the consideration is money; in the latter, any valuable commodity (b). The law is the same whatever be the quid pro quo; but a consideration of some kind is absolutely necessary, for the maxim is, ex nudo pacto non oritur actio (c). The first consideration naturally is, what persons Parties to are qualified in law to become parties to a con (a) See 2 Bl. Comm. ch. 30; 2 Wooddeson's Lect. p. 210. (b) 2 Bl. Comm. ch. 30. (c) Noy's Max. p. 348 (9th Ed.) Irons v. Smallpiece, 2 B. & A. 551; Bunn v. Markham, 2 Marsh. 532. B sale. |