2708 ARTICLE 83.

(2) For the purpose of ascertaining the intention of the parties, regard
shall.be had to the terms of the contract, the conduct of the parties, usages
of trade and the circumstances of the case.

" Specific goods " are " goods identified and agreed upon at time a contract to sell
or a sale is made "—see sec. 97. Sale held not to be of " specific goods " as it related
to an undistinguished quantity of seller's regular production. Agri Mfg. Co. v.
Atlantic Fertilizer Co., 129 Md. 46.

See notes to sec. 22.

An. Code, sec. 40. 1910, ch. 346, sec. 37 (p. 277).

40. Unless a different intention appears, the following are rules for
ascertaining the intention of the parties as to the time at which the prop-
erty in the goods is to pass to the buyer:

Rule 1. Where there is an unconditional contract to sell specific goods,
in a deliverable state, the property in the goods passed to the buyer when
the contract is made, and it is immaterial whether the time of payment,
or the time of delivery, or both, be postponed.

Rule 2. Where there is a contract to sell specific goods and the seller
is bound to do something to the goods for the purpose of putting them into
a deliverable state, the property does not pass until such thing be done.

Rule 3. (1) When goods are delivered to the buyer "on sale or re-
turn," or on other terms indicating an intention to make a present sale,
. but to give the buyer an option to return the goods instead of paying the
price, the property passes to the buyer on delivery, but he may revest
the property in the seller by returning or tendering the goods within the
time fixed in the contract; or, if no time has been fixed, within a reasonable
time.

(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 ap-
propriation 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 con-
tract, except in the cases provided for in the next rule and in section 41.