intent,
therefore, of the parties fixes the nature and terms of the bargain.
If the offerer understood the transaction to differ from that which
his words plainly expressed, it is immaterial, "as his obligation must
be measured by his overt acts." Thus, if an offer to buy or sell is
sent by telegraph, and is improperly transmitted by the telegraph
company, an acceptance by the offeree creates a binding bargain. By
using the telegraph as an agency of communication, the offerer makes
himself responsible for the offer actually delivered. Of course the
telegraph company would be responsible to the offerer for any damage
he may have suffered unless relieved by some neglect or fault of the
sender of the message.

A contract of sale may be conditional, for example, that the property
shall not be transferred until the price is paid. Though the property
is transferred by the sale, promises or obligations may still be
unperformed by the seller. Or the transfer of the title may be
conditional on payment of the price. In such sales the goods are
delivered to the buyer, but the title is retained by the seller until
payment.

The capacity to buy and sell is regulated by the general law
concerning the capacity to contract, transfer and acquire property.
When necessaries are sold and delivered to a minor, or to an insane or
drunken person, or to a married woman, who is lacking in mental
capacity to make a contract, he must, by the general Sales Act, pay a
reasonable price therefor. Necessary goods by this act mean those
suitable to the condition of the life of the minor or other persons
above mentioned at the time of their purchase and delivery.

As we have seen (See _Minor_) a minor may avoid his contracts. The
right to do this is given for his protection, and should not be
stretched beyond his needs. Therefore the right is confined to himself
or his legal representatives. Neither creditors, nor trustees, nor
assignees in bankruptcy can do this, but his heirs can do this, and
probably his guardian. By the common law a purchaser for value who did
not know that the seller bought them of a minor could not retain them
if the minor wished to reclaim them as his own. This rule has been
changed by the Sales Act, and a bona fide purchaser is therefore safe
in purchasing such goods even though the seller did buy them from a
minor.

As a minor may disaffirm his contract, any act clearly showing this
intent is sufficient. "It was early set