Page:The American Cyclopædia (1879) Volume XIV.djvu/583

 SAL AMMONIAC SALE 559 Xerxes in 480 B. 0., about the beginning of autumn. (See GREECE, vol. viii., p. 190.) Sev- eral times in modern wars the inhabitants of Attica have been forced to take refuge in Salamis. Salamis was also the name of an ancient city of Cyprus, on the E. coast, the most important in that island, ruins of which are still visible at Old Famagusta. SAL AMMONIAC. See AMMONIA. SALDMHA OLIVEIRA DAI, Joiio Carlos, duke of, a Portuguese statesman, born in Lisbon, Nov. 17, 1791. His mother was a daughter of Pombal. He studied at Coimbra, and at an early age was a member of the council of ad- ministration for the colonies. In 1810 he was sent to England as a prisoner, and subsequent- ly went to Brazil, where he served in the army and as a diplomatist. Having returned to Por- tugal, he was appointed minister of foreign affairs in 1825 by John VI., after whose death in 1826 he became governor of Oporto, and under the constitution of Dom Pedro minister of war, till June, 1827, when he resigned and went to England. Dom Miguel having usurped power, Saldanha raised troops against him, but they abandoned him. In 1832 he landed in Portugal with Dom Pedro, and became com- mandant of Oporto, and subsequently marshal and generalissimo. Aided by the duke of Ter- ceira, he terminated the war by taking the capital, and compelling the capitulation of Dom Miguel at Evora. In 1835 he became minister of war and president of the council ; but he resigned in November of the same year and lived abroad from 1836 to 1846, when he was recalled by the queen to form a ministry. In 1849 he was overthrown by Costa-Cabral, who offered him a place in his ministry, which he refused. In 1851 Saldanha effected a new revolution, and was again at the head of the government till the accession of Pedro V. in 1856. He was minister in Rome from 1862 to 1864, and again from 1866 to 1869. On May 19, 1870, he instigated a revolution in the royal palace, in consequence of which the king was compelled to place him once more at the head of the cabinet ; but the new elections went against him, and he was succeeded on Aug. 30 by Sa da Bandeira. SALE, in law, a contract to give and transfer rights of property for money, which the buyer pays or promises to pay to the seller for the thing bought and sold. The word is often ap- plied indifferently to the transfer, for a consid- eration, of both real and personal property ; but in its proper and technical sense it applies only to that of personal property, the transfer of real property passing under the denomina- tion of a grant or conveyance. The difference between a sale and an exchange is that in the former the price is paid in money, while in the latter it is paid in goods. Three things are necessary to constitute a valid sale at common law, viz. : the thing to be sold, the price to be paid for it, and the agreement or consent of the contracting parties that the property in the 720 VOL. xiv. 36 subject matter should pass from the vendor to the vendee, for the stipulated price given or promised to be given by the vendee. If there is no evidence that the sale is on credit, an agreement for immediate payment is implied ; and if the vendee leaves without paying, the vendor may rescind the sale and demand and recover his goods. But the actual delivery of a chattel, and the acceptance of earnest or part payment by the seller, is evidence of an implied agreement between them that something is left to be done in future, and the legal presumption of immediate payment is thereby rebutted. The buyer however cannot take the goods, not- withstanding earnest be given, without full payment, unless it is an express condition of the sale. If he does not come, in a reasonable time after request, and pay for and take the goods, the contract may be dissolved by the seller, and he is at liberty to sell the goods to another person. But where express terms are agreed upon whereby the delivery or the pay- ment is postponed to a future time, the sale is complete, and the property in the chattel passes immediately to the buyer. The thing sold must be in actual existence at the time of the sale, otherwise the sale will be invalid. If one man sells to another a horse, and the horse is dead, or if he sells a house or other property which has been destroyed by fire, both parties being ignorant of the fact before sale, it is invalid. If a part only of the subject matter is non-existent or destroyed, and the remainder is capable of transfer or delivery, the buyer has the liberty, at his option, either to rescind or enforce the contract as to such remainder. The price to be paid must be ascertained and certain, or so referred to a definite standard that it may be made certain ; and the thing sold must also be specific or capable of a certain identification. When made by letter, the con- tract is complete as soon as a distinct proposi- tion contained in it is accepted bona Jlde, by letter written within a reasonable time, and mailed before the acceptor receives information of a withdrawal of the offer. If the thing is sold for cash, the vendor is entitled to hold possession of it until he receives his pay. He cannot sue for the price until the goods are de- livered or tendered ; but if they are accidental- ly destroyed while thus in his possession, and without any fault or carelessness on his part, he may then sue for the price. If the price is not paid, whether the goods are sold for cash or on credit, and they remain in the hands of the seller, he has a lien on them for the price. This lien is destroyed by either actual or con- structive delivery of the goods ; and if he takes a bill of exchange or promissory note as secu- rity for the price, he also loses his lien. After a sale of personal property and a fair and abso- lute delivery to the purchaser personally, the seller cannot reclaim or retake possession of the property (upon the ground of .a lien), be- cause the consideration which was to have been given at the time of the delivery has not been