Benjamin's Treatise On the Law of Sale of Personal Property, With References to the American Decisions, And to the French Code And Civil Law

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(N. Y.) 355, 302 ; B. u. 19 Am. Dec. 508; Baker u. Ly- man, 38 Up. Can. Q. B. 498.
Where valuables are secreted in an article sold, of which fact both vendor and purchaser are ignorant, no title will pass to the secreted articles. See Ray r. Light, 34 Ark. 421 ; Bovven v.
Sullivan, 62 Ind. 281 ; s. c. 30 Am.
Rep. 172; Huthmacher v. Harris, 38 Pa. St. 491; s. c. 80 Am. Dec. 502.
And where a person at a public sale bids upon one parcel or lot of goods, supposing it to be another, there will be no
... sale of either lot. Sheldon v.
Capron, 3 R. I. 171.
Mistake as to price. — Where there is a mutual mistake in regard to the price of the article, there will be no sale, and neither is bound. Thus, where a vendor gave the price of goods as $165 and the purchaser understood the price to be $65, it was held that there was no sale.
Rupley c. Daggett, 74 111. 351.
See Greene v. Bateman, 2 Woodb. & M. C. C. 359. See § 63, loot-note 2.
Mistake as to quality, quantity, or fitness of articles purchased for some intended but unexpressed purpose, will not have the effect to avoid the sale.


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