d acceptance? A delivery of a
key of a building containing the property is sufficient. The delivery
of a bill of lading of goods properly indorsed, making entries of the
goods sold, pointing them out or identifying them is enough to comply
with the statute. Whenever there has been a transfer of possession and
control by the seller to the purchaser to which the latter has
assented there has been a sale. Or, more broadly, whenever there has
been such action as to show clearly an intention to sell and accept
the property the sale is complete. Part payment of the purchase money
for personal property is generally regarded as showing such intention.
To a contract for the manufacture of a thing the statute does not
apply. Simple as this answer may be, the law soon gets into
difficulties in deciding whether a contract is for the making of a
thing, or for the thing itself; whether the important element is the
skill or labor that is to be expended, or the thing without regard to
the process of making. Thus, if a contract is with one to paint a
portrait, the statute would not apply, for the skill of the artist is
the important thing purchased, and not the canvas, paint, etc., he
must use. To a contract for a locomotive the statute would apply. "If
the contract states or implies that the thing is to be made by the
seller, and also blends together the price of the thing and
compensation for work, labor, skill and material, so that they cannot
be discriminated, it is not a contract of purchase and sale, but a
contract of hiring and service, or a bargain by which one party
undertakes to labor in a certain way for the other party," and the
statute does not apply to it.
=Statutes of Limitation.=--In all the states statutes have been
enacted which provide that if the rights of parties to legal redress
are not enforced within a specified period, the courts are closed to
them. Thus, in most states a statute provides that a holder or owner
of a promissory note who neglects to sue the debtor within six years
from its maturity cannot do so afterwards. The note is not absolutely
void, though the law presumes it has been paid. As the note is not
void, payment may be effected as we shall soon learn.
Suppose one is indebted to a merchant, if the debt is not paid within
six years in most states and nothing has happened, the debt in popular
language is outlawed, in other words cannot be collected by resort to
law. The time begins to run as
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