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It is true, as remarked by the court, in Thompson v. Gould, 37 Mass. 134, 20 Pick. 134, 139, that--'When there is an agreement for the sale and purchase of goods and chattels, and, after the agreement, and before the sale is completed, the property is destroyed by casualty, the loss must be borne by the vender, the property remaining vested in him at the time of its destruction;' Tarling v. Baxter, 9 Dow. & Ryl. 276; Hinde v. Whitehouse, 7 East 558; Rugg v. Minett, 11 East 210. 


If the agreement is completed by the concurrent assent of both parties; Adams v. Lindsell, 1 Barn. & Ald. 681; Mactier v. Frith, 6 Wend. 103, the property is vested in the vendee. 


In Dixon v. Yates, 5 Barn. & Adol. 313, PARKE, J., remarks (E. C. L. R. vol. 27, p. 92,): 'Where there is a sale of goods, generally no property in them passes till delivery, because until then the very goods sold are not ascertained; but when, by the contract itself the vender appropriates to the vendee a specific chattel, and the latter thereby agrees to take that specific ...

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