PAYING FOR GOODS.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5075, 14 January 1927, Page 3

PAYING FOR GOODS.

THE LAW ON THE MATTER, It is by no means an uncommon' thing to find that tradesmen, having agreed to sell goods to a buyer without any reference as to time of payment, have given delivery of the goods without payment under the impression that because no stipulation y&s made that the transaction was te be a cash one, they were bound to give delivery and allow the buyer a reasonable time for payment. Recently (says the Mercantile. Gazette) tradesman, on an application for a judgment summons order against a debtor, upon being asked by the magistrate why he had given the defendant such a large quantity of goods on credit, replied that his traveller had booked the order without stipulating that it was to be cash delivery, and that although he was doubtful about the order he was bound by the acts of his agents and therefore had to execute the order. He was much surprised, and not a little chagrined, when the magistrate pointed put te him that as there, had been no arrangements as to credit he was entitled to hold the goods until he had received payment.

The law on the matter is very clear and very simple. If nothing is said as to payment, then the law implies that payment should be contemporaneous with delivery of the. goods—they are both concurrent conditions. It is, therefore, clear that if no bargain has been made as to credit, or i'f the vendor still has the goods in his possess sion after the term of credit, i'f any has been arranged, has expired, he may retain possession and need not give delivery until the purchase price has been paid ; and this right of lien stands good, even though thr vendor lias agreed to hold the goods as agent or bailee for the buyer.