seller
delivers the goods absolutely, and without fraudulent contrivance on
the part of the buyer, the buyer will hold possession of them.

Sec.9. But when goods are sold on credit, and nothing is said as to the
time of delivery, the buyer is immediately entitled to the possession.
If, however, it is ascertained, before the buyer obtains possession of
the goods, that he is insolvent, or so embarrassed as to disable him
from meeting the demands of his creditors, the seller may stop the goods
as a security for the price. But if they are stopped without good cause,
or through misinformation, the buyer is entitled to the goods, and to
damages which he may have sustained in consequence of their stoppage.

Sec.10. In the sale of a chattel, if the seller has possession of the
article, and sells it as his own, he is understood to _warrant the
title_. A fair price implies a warranty of title; and the purchaser may
have satisfaction from the seller, if he sells goods as his own, and the
title proves deficient. But if the possession is at the time in another,
and there is no covenant or warranty of title, the party buys at his
peril. It is thought, however, if the seller affirms that the property
is his own, he warrants the title, though it is not in his possession.

Sec.11. With regard to the _quality_ of the thing, the seller is not bound
to make good any deficiency, except under special circumstances, unless
be expressly warranted the goods to be sound and good, or unless he made
a fraudulent representation or concealment concerning them. The rule is,
if there is no express warranty by the seller, nor fraud on his part,
and if the article is equally open to the inspection of both parties,
the buyer who examines the article for himself, must abide by all losses
arising from latent defects equally unknown to both parties.

Sec.12. But this rule does not reasonably apply to cases in which the
purchaser has ordered goods of a certain character, or in which goods of
a certain described quality are offered for sale, and, when delivered,
they do not answer the description. There being no opportunity of
examining them, there is an _implied_ warranty of the quality. An
intentional concealment or suppression of a material fact, when both
parties have not equal access to means of information, is unfair
dealing, and renders the contract void.

Sec.13. As a general rule, each party is bound to communicate to the other
his knowledge of