A Selection of Cases On Sales of Personal Property : With References And Citations

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J., held, that by the payment of the money and giving the note, the property of the frame was immediately vested in the father; and that the bill of sale which was made a month afterwards to the son did not devest the property out of the father and 1 Ambl. 724. 2 2 Blac. Com. 446, 447.
' Skin. 647. * Anon. 12 Mod. 344.
SECT. II. J HANSON V. MEYEE. 643 vest it in the son ; though it would have vested it in the son if it had been made at the time of the sale. And he added, that earnest does not a
...lter the property, it only binds the bargain; and the property remains in the vendor till payment, or delivery of the goods. In 2 Black. Com. 443, it is said that a contract executory, as if two agree to change horses next week, vests only a right, and their recip- rocal property in each other's horse is not in possession, but in action, &c., for a contract executory conveys only a chose in action. Here then till the goods were weighed and the price ascertained, and the bUl given or at least tendered, the contract remained executory, and no property passed ; but each only had his remedy upon the contract on failure of performance by the other.

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