cannot suddenly discontinue supplying without giving some notice, unless the customer has in any way become a defaulter ; for instance, 5504. Periodical Settlements.-Failing to settle as usual at a periodical time; or,

5505. Dishonour.—Dishonouring an acceptance; or,

5506. Failure to Remit.-Failing to send a stipulated remittance suffices to break a binding "course of business."

IMMEDIATE TRANSFER.

5507. Goods in Stock.-If goods ordered are already complete, the vendor, by accepting the order, transfers the property in the goods to the purchaser (5449).

5508. Goods Made to Order.-If goods ordered have to be made or completed, the goods must be completed in reasonable time, ready for delivery; providing always that,

POSITION OF THE PARTIES.

5509. Right of Detention.--Unless there be an express agreement to the contrary (5488), the vendor of goods purchased is not bound to part with them until the purchaser is ready to pay; on the other hand,

5510. Obligation to Pay.--Though the completion of a contract of sale and purchase of goods vests, the goods in the purchaser, he cannot claim them until he is ready to pay; hence,

LIEN.

5511. Right of Detention.-When a bargain for goods is completed, and the vendor is unwilling and under no contract (5488) to trust the purchaser, he is entitled to detain the goods as a lien until the purchaser has tendered or paid for them.

5512. Effect of Detention.-Goods detained as a lien, in consideration of the debt arising upon them, necessarily remain, for the time being, of no available value; for,

5513. No Right to Re-sell.—A vendor, who has duly sold goods, has no right to sell them again to a second party, until reasonable time has elapsed, or the purchaser has refused to pay; because,

5514. Limitation of Right.-Though the vendor is entitled to detain goods till the money for them is tendered to him, his only right over them is in the way of lien.

5515. Bound to Wait.-When a vendor holds goods as a lien, in consideration of the debt in respect of them, he is bound to wait a reasonable time wherein the purchaser may pay the money; and

5516. Notice to Purchaser.-When a lien subsists and the vendor is weary of waiting, he must first of all go to, or write to, the debtor, and request him to pay the money; because,

5517. Breach of Contract.—If goods on lien are sold by the holder without his having formally given the purchaser an opportunity of redeeming them, he is liable for breach of contract with the purchaser ; but,

5518. Right to Re-sell.-When the holder of goods on lien has duly requested payment, and given notice of his intention to re-sell, and allowed reasonable time, he may re-sell with impunity; though, 5519. Extinguishment of Debt.—The sale of goods on lien, by a holder, destroys the lien and also the debt, and any part payment (not stipulated to be forfeited) must be returned by the vendor to the purchaser.

PARTICULAR LIEN.

5520. A particular lien is given, by the common law, over goods which a person is compelled to receive; thus,

5521. Innkeepers.-Innkeepers have a lien on goods placed in their care (a); although,

5522. Guest's Person.-An innkeeper has no right to detain his guest's person, or take anything off his person to secure payment of his bill.

5523. Carriers.-Carriers have a particular lien upon goods delivered to them for conveyance, unless the carriage is prepaid (Þ); and

5524. Repairs and Alterations.-A particular lien is also given, in common law, to every person who, by his labour or skill, has improved or altered an article entrusted to his care; thus,

5525. Millers.-A miller has a particular lien on the flour he has ground against the cost of grinding; and

5526. Shipwrights.-A shipwright has a particular lien upon all ships delivered to him for repair; and

5527. Watchmakers.—A watchmaker has a particular lien upon all watches delivered to him for cleaning or rectification.

5528. Horse-Trainers.-A particular lien may be claimed for training a horse, because he is improved by the labour and skill thus bestowed upon him; but,

5529. Horse-Keepers.-A lien cannot arise for the keep of a

(a) See "Innkeepers."

(b) See "Carriers."

PP

horse, unless he has been kept by an innkeeper, who is compelled to

take him in.

5530. Wrecks.-Formerly, a particular lien arose in case of salvage of wreck, in favour of the recoverer, subject to redemption by the owner; but,

5531. Receivers of Wreck.-The Merchant Shipping Act provides that all recoverers of wreck must deliver the property recovered as soon as possible, to the public receivers of wreck under the Act.

GENERAL LIEN.

5532. By Contract.—A general lien may arise by express contract, or by an implied contract, arising out of a course of dealing between two parties; otherwise,

5533. Trade Custom.-A general lien accrues in consequence of the custom of some trade or profession, which custom may be general throughout such trade or profession; or,

5534. Local Custom.—Local, as applying only to some particular town or district.

DISTINCTIVE LIEN.

5535. Processes.-The kinds of trades in which the right of distinctive lien naturally arises, in the ordinary course of business, are those which undertake processes upon or with the materials supplied by others; thus:

5536. Dyers, upon the goods delivered to them for dyeing :

5537. Printers, upon the calico or paper delivered to them for printing, or upon the types or engravings delivered to them to print from; also,

5538. Factors ;

5539. Brokers;

5540. Bankers;

5541. Warehousemen;

5542. Wharfingers; and,

5543. Dock Companies; in respect of the commission, rent, or expenses arising out of goods, money, or other property left with them for disposal or safe keeping.

SOLICITORS' LIEN.

5544. Solicitors and attorneys have a lien on all the deeds and documents of their clients in their possession, for their professional charges generally; but,

5545. Life Interests.-When a solicitor has possession of the deeds of an estate-tail or estate for life, and asserts his right of lien

thereon, he can only maintain the right during the life of the person who deposited them with him;

5546. Successor Entitled.-He must give up the deeds to the successor; and

5547. Mortgage Deeds.-Should deeds be delivered to a solicitor by a mortgagee, and a lien is claimed upon them, the solicitor is bound to deliver such deeds to the mortgagor, so soon as the latter has effected redemption.

RIGHT OF ACTION.

5548. Particular or Distinctive.-The holder of a particular (5520) or distinctive lien (5535) has usually a right of action, though holding his lien; but,

QUALIFIED RIGHT OF ACTION.

5549. Delivery or Tender.-A person holding a general lien upon a mere purchase or manufacture must deliver or tender the goods before he can take effectual action for the recovery of the debt; on the other hand,

5550. Payment or Tender.-A purchaser, in all ordinary cases (5488), must pay or tender (5691) the price before he can maintain an action for non-delivery of the goods; thus,

5551. Mutual Obligations.-After a contract for the sale and purchase of a horse was duly entered into, and the parties could not come to terms about delivery and payment, it was judicially laid laid down that "If I sell you my horse for £10, if you will have the horse, I must have the money; or, if I will have the money, you must have the horse;" but,

5552. Refusal of Goods.-If a purchaser refuses goods when tendered, then the vendor may have his action for "goods bargained and sold," though his general lien continues; and,

5553. Refusal of Money.-If the holder of a lien refuses the price when tendered, then the purchaser may maintain an action for nondelivery and for damages, if any.

DAMAGES.

5554. Difference of Price.-The amount of damages for nondelivery of goods by a given day, is usually ruled by the difference of price when they were and when they should have been delivered; otherwise,

5555. Loss of Profit.—If the order is given by the purchaser for the purpose of re-sale, and the vendor is aware of such arrangement,

he is liable for any loss of profit to the first purchaser caused by late or non-delivery; though,

5556. Vendor Exonerated.—In the absence of any implied knowledge by the vendor of an intention to sell by a particular time, the vendor is not liable for loss of profit anticipated upon any subsequent opportunity of selling.

EQUITABLE LIEN.

5557. When landed estate is sold, and only part of the purchase money is paid, the vendor has a spontaneous equitable lien upon the property and stands in the position of a mortgagee (1500).

RISK OF PURCHASERS.

5558. General Rule.-As a general rule, it would appear that goods bargained and sold are at the risk of the purchaser, whether paid for or not; thus,

5559. Hay.-A rick of hay was sold, to be paid for at a future period, and not to be cut till paid for. The hay was accidentally destroyed by fire before the day of payment, and it was held that the loss was the purchaser's, and that he must pay the debt though he never had the hay; and

5560. Butter.-A quantity of Irish butter was shipped for a merchant in London. The ship was wrecked and the butter lost, but the vendor of the butter was held entitled to recover his price; for,

5561. Special Immunity.—Carriers by sea are not liable, as inland carriers are (a), for the complete safety of the goods they undertake to convey.

DELIVERY.

5562. Definition.-The case just quoted raises the question as to what constitutes "delivery" of goods bargained and sold.

5563. Ponderous Goods.-If goods are ponderous, so as to be incapable of transfer from hand to hand, there need be no actual delivery; thus,

(a) See "Carriers."