Page:The New International Encyclopædia 1st ed. v. 17.djvu/535

* SALE. 479 SALEM. been referred to in a preceJing paragraph. It is, therefore, necessary to discuss here only the third. In case of a bargain and sale, the thing sold must then be in existence. At times, per- sons declare that one sells and the other buys specihed property which they know is not in existence. This can take effect, in our law, only as a contract to sell; for it is accounted an ele- mentary principle that a man cannot grant per- sonal property in which he then has no interest or title. Accordingly, if, before this contract to sell has been executed by transferring the owner- sliip to the buyer, a creditor of the seller levies an execution ( q.v. ) on the property, such creditor will be able to keep it. In this country it is generally held that the owner of property can make a valid bargain and sale of its product, growth, or increase, even before that conies into actual existence. When Title Passes. In case of a bargain and sale, title passes when the contract is made. In the case of a contract to sell, title is to pass in the future. If the parties clearly and delinitely state the time or condition of passing title, no difliciilt.v arises. In the hurry and rush of modern business life, however, such definiteness is often neglected. Rule 1. ^Vllere there is a contract for the sale of specific goods and the seller is bound to do something to the goods, for the purpose of put- ting them into a deliverable state, the title does not pass until such thing is done. In England, it does not pass until the buyer is notified that the thing is done. Rule 2. When there is a contract for the sale of 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 title thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the ap- propriation is made. The difticult questions under this rule are, first, whether the reqviired assent has been given: and second, whether the appropriation is uncondi- tional. The principal examples of a conditional appropriation are afforded by shipments of goods C. 0. D., and under bills of lading (q.v.) which make the goods deliverable to the seller or his agent or his assignee. If the seller takes a bill of lading, making the goods deliverable to the buyer, and does not require payment for the goods as a condition of title's passing, the appropriation is unconditional, so far as he is concerned. Then the question arises whether the buyer has as- sented to such appropriation. Generally speak- ing, he does assent where he orders goods to be sent to him by a common carrier, proridrd the goods sent are of the kind and quality which he ordered. It is often quite important to determine whether title passed at the time of shipment: for if it did, any loss or injury of the goods during their transit must be borne by the buyer, the general rule being that the risk of loss or harm goes with the title, unless the parties have other- wise agreed. CoxniTTONS AND Warranties. One of the most perplexing topics in the law of sales is that of warranty (q.v.K In most of our jurisdic- tions, many of the seller's engagements are termed implied warranties, although they are actually treated as conditions in the decision of cases. The English Sale of (ioods Act of 1893 (50 and .57 Vict., e. 71) has simplified this topic by defining "condition" and "warranty,' by classi- fying the various engagements of the .seller, and liy describing the cons<'qucnces of their breach. It is believed that these provisions of the stat- ute are an accurate codification of common law l)rinciples, although it nnist be admitted that in a few of our States dilferent doctrines obtain. A condition is either a statement or a promise which forms the basis of the contract of sale. See Caveat Emptor ; !Market Overt; Stoppage IN Tr.vnsitu. Consult: Blackburn, .1 Treatise on the Effect of the Contract of Kale (London, 1885) ; Camp- bell, The Law Rclatiiu/ to the Sale of (loods (ib., 1801); Chalmers, Tlic Xalc of (loodx Act (ib., 1896); Benjamin. The Sale of Goods (Boston, 1899) : Burdick, The Law of Sales of Personal Property (ib., 1901). SALE, George (1G97-173G). A translator of the Koran. He was admitted to the Inner Temple in 1720 and afterwards practiced as a solicitor. He early began the study of Arabic and acquired a thorough mastery of the language and a close acquaintance with ilohammedan thought and customs, although he never left his native land. From 1726 till 1734 he was con- nected with the Society for the Promotion of Christian Knowledge, for which he jnepared an Arabic translation of the New Testament besides acting as legal adviser, business manager, and in other capacities. His translation of the Koran, published in London in 1734 and many times reprinted, was the first adequate transla- tion of the Koran ever made and is considered by many the best in any language at the present time. The material incorporated from Moham- medan authorities renders it a commentary as well as translation, and the notes and prelimi- nary discourse are still of great value. SALE, Sir Robert Henry (1782-1846). A British soldier, popularly known as the hero of Jelalabad. He was born in England, and was the son of Colonel Sale, of the East India Com- pany's service. He took active part in the Bur- mese War of 1824-26. distinguishing himself at Rangoon, Bassein, and especially at Pronie. In 1838 he was given command of the First Bengal Brigade of the army on the Indus in the Afghan Expedition, and was severely wounded while lead- ing the storming party at Ghazni. In 1S40 he was sent to Kohistan" against Dost Jlohammed Khan. and. after the capture of several fortresses, forced him to surrender at Purwan. When the Afghans rose against the British at the close of 1841, Sale, after forcing his way through the Khnrd-Kabul, Tezen, and Jagdalak passes, was driven back upon .Telalabad, where he was be- sieged by Akhbar Khan, the son of Dost Moham- med. In April. 1842, he made a sortie and routed the Afghans, capturing their anununition. guns, and camp. He was relieved by Pidlock, command- ing the punitive expedition against the .-fghans, and participated with him in the recapture of Kabul. Sale was mortally wounded fighting against the Sikhs at Mnkdi in 1846. SA'LEM. The capital of a district of the same name in the Province of Madras. India, 207 miles southwest of the city of Madras, on the