whom I have sold it. If he should take the order to the
store he could claim the book as his own and the original seller would
be obliged to give it to him.

_It is very important_, however, in many cases _to make a delivery of
the thing sold_. As we have already stated, the title as between the
buyer and seller is actually changed or transferred at the time of
making the sale and it is therefore complete. But if a delivery of the
thing sold is not actually made and another person should come along
and wish to buy it, and the seller should prove to be, as he sometimes
is, deceitfully wicked, and should sell and deliver it to him, the
second buyer would get a good title and could hold it just as securely
as though it had not been previously sold to another. Of course, the
second buyer must be an innocent person, knowing nothing about the
first or prior sale. If he did not know and pays the money for the
thing he has bought and takes it away, he gets a perfectly good title
as against the first buyer. If he was not innocent the first buyer
could claim it and the second one would lose his money unless he was
able to get it back again from the seller. Of course, such a
transaction is a fraud on the part of the seller. Therefore it is
safer in all ordinary transactions for the buyer to take the thing he
has purchased unless he is sure that the seller is a perfectly honest
man, who will not practise any such fraud upon him.

Suppose the seller had things in his keeping that had been sold but
not taken away, and should fail in business, or that persons to whom
he owed money should sue him and try to hold not only all of the goods
still owned by him but even those which he had sold. Could they
succeed as against a person who had bought them in perfectly good
faith? It is said that the buyer in such cases can get his goods after
clearly showing that he had bought them and paid for them; but the
evidence of his purchase must be perfectly clear, otherwise the court
will not permit him to take them away and he will lose them.

If a merchant is to deliver a thing as a part of the contract of sale,
then, of course, he must do this; otherwise he is liable for his
failure to carry out his contract. This rule applies to most purchases
that are made in stores. The merchant intends to deliver the thing
sold, the buyer purchases expecting this will be done, and the price
paid for them is enough to cover the cost of taking them to the
bu