The article sold was not indigo, but principally Prussian blue. No fraud was imputed to the seller, and the article was so prepared as to deceive experienced and skilful dealers in indigo. The naked question was presented, whether the bill of sale constituted a warranty that the article sold was. indigo. And the court held that it did. Here the warranty implied by the bill of sale was as to the kind of goods. In another case the bill was, "Sold E. T. H. 2,000 gallons prime quality winter oil." The thing sold was oil, and winter oil; but not prime quality. And the Court held that the bill of sale amounted to a warranty that it was of that quality. In an English case, a vessel was advertised for sale as "copper fastened"; and that was held to be a warranty that she was so fastened according to the usual understanding of merchants.

When provisions are sold merely as merchandise there is no implied warranty of their quality; but it is the general rule that where the sale is for immediate consumption-as in the case of a sale by a market man to a customer-there is an implied warranty that the article is wholesome and fit for food. It is held, however, in Massachusetts that where the article is selected by the purchaser there is no implied warranty, in the absence of proof of knowledge by the vendor that it is unsound. An inn keeper or caterer who furnishes unwholesome food is liable to any guest who is injured by partaking of it.

SECTION V.

THE SALE OF ONE'S BUSINESS.

SUCH sales are not unfrequent in this country; and the seller always agrees and promises that he will not pursue that trade, business, or occupation again. There are numerous cases, both in English law-books and in our own, which have arisen from bargains of this kind. The law seems now to be settled, that such a contract is wholly void and inoperative, provided the seller agrees to give up his business and never resume it again, at any time or anywhere; that is, without any limitation of space or time; because it is against the public interest that a man should be permitted to cast himself out from his business or trade for the rest of his life. But the contract is good, if for a

fair consideration the seller agrees not to resume or carry on that business within a certain time, or within certain limits. What these limits must be is not certain. The courts say they must be "reasonable," and made in good faith. A contract not to carry on a business in a certain town would undoubtedly be good. So, we should say, would be a bargain not to do so within a certain State. In one case in Massachusetts, a contract not to use certain machines in any of the United States except two (which were Massachusetts and Rhode Island) was held valid, all of the States but two being considered as a sufficiently defined or limited place; but this was unusual. The courts generally would sanction such a bargain, if it were limited to only a part of the United States; as to all New England, for example.

In such a contract, it would be better for the parties to agree upon the amount which the seller should pay by way of damages, if he violated his bargain, because it might be very difficult to prove specific damages; and such agreement, if it were reasonable, would be enforced by law.

Such damages, agreed on beforehand, are called liquidated damages. In all cases where damages are demanded, and are not agreed on, they are called unliquidated damages, and it is the duty of the jury to determine, from the evidence before them, what damages the injured party has suffered, and what amount would indemnify him.

(43.)

Bill of Sale of Personal Property.

Know all Men by these Presents, That I, in the county of

(name of the seller),

(name of

of and State of for and in consideration of the sum of to me in hand well and truly paid, at or before signing, sealing, and delivery of these presents, by the buyer) the receipt whereof I do hereby acknowledge, have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said (here specify the property sold). To Have and to Hold the said granted and bargained

unto the

said his heirs, executors, administrators, and assigns, to their only proper use, benefit, and behoof forever, and I, the said vouch myself to be the true and lawful owner of the goods and effects hereby sold, and to have in myself full power, good right, and lawful authority to dispose of the same in manner as aforesaid, and I do, for myself, my heirs, executors, and administrators, hereby covenant and agree to warrant and defend the said (the goods sold) unto the said his heirs, executors,

administrators, and assigns, against the lawful claims and demands of

of said

in the dol

the receipt whereof is hereby

lars to me paid by acknowledged, do hereby grant, sell, transfer and deliver unto the said the following goods and chattels, namely: etc.

To Have and to Hold all and singular the said goods and chattels to the said and his executors, administrators and assigns, to their own use and behoof forever.

And I Hereby covenant with the said grantee that I am the lawful owner of the said goods and chattels; that they are free from all incumbrances; that I have good right to sell the same as aforesaid; and that I will warrant and defend the same against the lawful claims and demands of all persons.

In Witness, etc.

1. Whereas the said vendor has for many years exercised his profession of physician and surgeon at ————————————— in the county of —

day of

and state of

afore

and is now desirous of retiring from practice at said, and the said purchaser is desirous of establishing himself as a physician and surgeon at said -, now, therefore, the said vendor agrees to sell to the said purchaser, who agrees to purchase, the said practice, and the good will and benefits thereof from the next, together with all the fixtures, furniture, medical books, surgical and other instruments and apparatus, and all the drugs, medicines, bottles and other things now used therein, for the sum of dollars: In confirmation of which purchase, the purchaser, upon the execution of these presents, has paid the sum of dollars by way of deposit and in part payment of said

purchase-money.

2. The said vendor further agrees that, on the payment of the residue of said purchase-money, as hereinafter mentioned, he will fully and absolutely deliver over and assign to the said purchaser, his executors, administrators or assigns, the said practice or business, and the good will threeof, for his

and their own absolute use and benefit; and likewise, the full and uninterrupted possession of the office in which the said practice is now carried on by him, together with the fixtures, furniture, books, instruments, apparatus, and things now used in and relating to the said practice.

3. The said vendor will introduce and recommend the said purchaser to his patients, friends and others, as his successor; and will use his best endeavors to promote and increase the prosperity of the said practice or busi

ness.

4. The said vendor will not practice either as a physician or surgeon, or act directly or indirectly as partner or assistant to or with any other physician or surgeon practicing either at aforesaid, or elsewhere, within

miles thereof.

5. The said purchaser in consideration of the agreements on the part of the vendor herein before contained, hereby further agrees to pay to him, his executors or administrators, the residue of the purchase-money, being the sum of ——— dollars, by instalments as follows: One-half part thereof on the day of next, upon receiving the full and peaceable possession of the said practice, office, good will, fixtures, furniture, books, and things hereinbefore mentioned, and the remaining half part thereof on day of

the

In Witness, etc.

next.

(46.)

Conditional Sale of Machinery by Means of a Lease.

ond part, mill owner. The said parties mutually agree as follows:

1. In consideration of the payments hereby reserved, and of the performance of the conditions and stipulations hereinafter contained, and on the part of the said party of the second part to be performed, the said party of the first part will, on or before the

and state of

day of

and place in the mill of the party of the second part, situated at
the county of
apparatus and plant particularly described
and hereafter called the machinery.

cxt, erect in

the steam engines, machinery, in the schedule hereto annexed,

2. The said party of the second part shall hold and be at liberty to use the said machinery for the term of

years from the said

in each year during the continuance of said term, such payments making in the aggregate the sum of dollars (price of the machinery), the first of such payments to be made in advance on the said

day of

3. The said party of the second part shall, at his own expense, from time to time, replace and repair all such parts of the said machinery as may be broken, worn out or damaged, and keep the same in every respect in good working order; and he will not, during the said term, remove any part of the said machinery from the building where the same may be erected, without the consent in writing of the said party of the first part, and will not

assign, transfer, underlet, or part with the possession of the same either directly or indirectly.

4. The said party of the second part will punctually pay the rents hereby reserved, and perform all the conditions and stipulations herein contained, and on his part to be performed; and will not do or suffer anything whereby the said machinery or any part thereof shall or may be seized, taken in execution, attached, removed, injured, or destroyed.

5. The said party of the second part shall keep said machinery insured against damage or loss by fire in some office to be approved by the said party of the first part, for at least the sum of dollars, and will pay the premiums for such insurance, and will forthwith deliver to the said party of the first part the policies of such insurance, and the receipts for the premiums which shall become payable therefor.

6. It is hereby expressly declared that the property in said machinery shall remain in the said party of the first part to all intents and purposes; provided, that the said machinery shall become the absolute property of the said party of the second part on the expiration of the said term, and payment of all the rent hereby covenanted to be paid, and all costs, charges, and expenses provided for under this agreement.

7. In case of the bankruptcy of the said party of the second part, or in case he shall assign, transfer or mortgage the said machinery, or any part thereof, or in case he shall make default in performing and observing any of the covenants, conditions, or agreements herein contained, the said aggregate sum of dollars shall become immediately payable to the said party of the first part, and he may, at his option, enter said premises, and every building in which any part of the said machinery may be, and take possession of and remove the said machinery, and may, without the consent of the said party of the second part, sell the same as freely as if this agreement had not been made, and retain the amount due, paying any surplus to the party of the second part.

In Witness, etc.

In many of the States conditional sales must be recorded in the same manner as chattel mortgages.

CHAPTER X.

STOPPAGE IN TRANSITU.

HERE is an instance where a Latin phrase has become English, by general adoption and use. In transitu means "in the transit," and the English phrase may just as well be used; but the Latin one is used much oftener. What the whole phrase Stoppage in transitu means, is this. A seller, who has sent goods to a buyer at a distance, and after sending them learns that the