ART. 83] UNIFORM SALES ACT. 1919

(2) When goods are delivered to the buyer on approval, or on trial,
or on satisfaction, or other similar terms the property therein passes
to the buyer:

(a) When he signifies his approval or acceptance to the seller, or

does any other act adopting the transaction;

(b) If he does not signify his approval or acceptance to the seller,
but retains the goods without giving notice, of rejection, then if a time
has, been fixed for the return of the goods, on the expiration of such
time, and, if no time has been fixed, on the expiration of a reasonable
time. What is a reasonable time is a question of fact.

Rule 4. (1) Where there is a contract to sell unascertained or future
goods by description, and goods of that description and in a deliverable
state are unconditionally appropriated to the contract, either by the
seller, with the assent of the buyer, or by the buyer, with the assent
of the seller, the property in the goods thereupon passes to the buyer.
Such assent may be expressed or implied, and may be given either
before or after the appropriation made.

(2) Where, in pursuance of a contract to sell, the seller delivers
the goods to the buyer, or to a carrier or other bailee (whether named
by the buyer or not), for the purpose of transmission to or holding for
the buyer, he is presumed to have unconditionally appropriated the
goods to the contract, except in the cases provided for in the next rule
and in section 41. This presumption is applicable, although by the
terms of the contract the buyer is to pay the price before receiving
delivery of the goods, and the goods are marked with the words "col-
lect on delivery," or their equivalents.

Rule 5. If the contract to sell requires the seller to deliver the goods
to the buyer, or at a particular place, or to pay the freight or cost of
transportation to the buyer, or to a particular place, the property does
not pass until the goods have been delivered to the buyer or reached
the place agreed upon.

1910, ch. 346, sec. 38 (p. 278).

41. (1) Where there is a contract to sell specific goods or where
goods are subsequently appropriated to the contract, the seller may, by
the terms of the contract or appropriation, reserve the right of posses-
sion or property in the good's until certain conditions have been ful-
filled. The right of possession or property may be thus reserved, not-
withstanding the delivery of the goods to the buyer, or to a carrier, or
other bailee, for the purpose of transmission to the buyer.

(2) Where goods are shipped and by the bill of lading the goods are
deliverable to the seller or his agent, or to the order of the seller, or
of his agent, the seller thereby reserves the property in the goods. But
if, except for the form of the bill of lading, the property would have
passed to the buyer on shipment of the goods, the seller's property
in the good's shall be deemed to be only for the purpose of securing
performance by the buyer of his obligations under the contract.