Sell

To dispose of by sale, q. v. Seller: the party in a contract of sale who parts with the property principally mentioned; one who, for a valuable consideration, contracts to transfer his ownership in something. An agreement to sell land binds the party to execute a proper deed of conveyance.

Smith V. Haynes, 9 Me. 128.

A statute, enacting that no license to an administrator to sell the real estate of his intestate, for the payment of debts, shall be in force for a longer time than one year, requires that a deed must be delivered within the year, to render the sale valid, under the license. Although the popular sense may be the true one where the act of the legislature does not relate to a technical subject, yet here, the object being to limit the time of sales and prevent estates being kept open longer than is necessary, the legal sense seems the proper one; and, in a legal sense, there is no sale t Ul the deed is delivered.

Macy v. Raymond, 9 Pick. 285.

A charter power to "sell" negotiable securities carries with it, by implication, the right to make the assignment necessary to transfer the legal title to a purchaser.

Savage v. Walshe, 26 Ala. 619.

Sell, in a statute making it a felony to fraudulently sell or dispose of land after having once sold it, does not include a mortgage.

People V. Cox, 45 Ccd. 342.

A charter authority to a bank " to seU and convey " its property, empowers it to transfer negotiable paper by indorsement. clearly gives a power to mortgage.

Gordon V. Preston, 1 Watts, 385.

Under laws authorizing a probate court to give to an administrator a license to sell real estate, the word sell is the operative word, both in the statute and in the license, and imports that the title is to be parted with, and not that the estate is to be incumbered. Brown n.

Van Duzee, 44 Vt. 529.

An agreement authorizing a pledgee of shares in a corporation " to give the stock to any broker to sell," permits a private sale by a broker for the market price.

Bryson v. Rayner, 25 Md. 424.

To constitute a violation of a law imposing forfeiture on any person whomsoever, of white people, who sliall bring goods and sell them in an Indian nation, there must be a completed sale: it is not sufficient that there should be an offer to sell.

Mingo v. Goodman, 2 Miss. 552.

Upon the distinction between the expressions, to sell, and to barter, see Lumpkin v. Wilson, 5 Heish. bhb.