Online Encyclopedia


Online Encyclopedia
Originally appearing in Volume V24, Page 63 of the 1911 Encyclopedia Britannica.
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SALE OF GOODS. Sale (O.Eng. sala, sellan, syllan, to hand over, deliver) is commonly defined as the transfer of property from one person to another for a price. This definition requires some consideration in order to appreciate its full scope., The law of sale is usually treated as a branch of the law of contract, because sale is effected by contract. Thus Pothier entitles his classical treatise on the subject, Traite du contrat de vente,. and the Indian Contract Act (ix. of 1872) devotes a 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 call it, an executory contract of sale, is a contract pure and simple. A purely personal bond arises thereby between seller and buyer. But a 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 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, express or implied, the transaction is gift, not sale, and is regulated by its own peculiar rules and considerations. So, too, if commodity be exchanged for commodity, the transaction is called barter and not sale, and the rules relating to sales do not apply in their entirety. Again, a contract of sale must comtemplate an absolute. transfer of the property in the thing sold or agreed to be sold. A mortgage may be in the form of a conditional sale, but English law regards the he release witchcraft. Salem was an important port after 1670, especially in the India trade, and Salem privateers did great damage in the Seven Years' War, in the War of Independence (when 158 Salem privateers took 445 prizes), and in the War of 1812. On this foreign trade and these rich periods of privateering the prosperity of the place up to the middle of the 19th century was built. The First Provincial Assembly of Massachusetts met in Salem in 1774. On the loth of February 1775 at the North Bridge (between the present Salem and Danvers) the first armed resistance was offered to the royal troops, when Colonel Leslie with the 64th regiment, sent to find cannon hidden in the Salem " North Fields," was held in check by the townspeople. Salem was the birthplace of Nathaniel Hawthorne, W. H. Prescott, Nathaniel Bowditch, Jones Very and W. W. Story. Marblehead was separated from Salem township in 1b49, Beverly in 1668, a part of Middleton in ;1728, and the district of Danvers in 1752. Salem was chartered as a city in 1836. See Charles S. Osgood and Henry M. Batchelder, Historical Sketch of Salem, 1626—1879 (Salem, 1879) ; Joseph B. Felt, Annals of Salem (ibid., 1827; 2nd ed., 2 vols., 1845—1849) ; Charles W. Upham, Salem Witchcraft (2 vols., Boston, 1867) ; H. B. Adams, Village Communities of Cape Ann and Salem (Baltimore, 1883) ; Eleanor Putnam (the pen-name of Mrs Arlo Bates), Old Salem (Boston, 1886) ; C. H. Webber and W. S. Nevins, Old Naumkeag (Salem, 1877) ; R. D. Paine, Ships and Sailors of Old Salem (New York, 1909), and Visitor's Guide to Salem (Salem, 1902) published by the Essex Institute.
End of Article: SALE OF GOODS
GEORGE SALE (c. 1697-1736)

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