Delivery

In the contract of sale. The act by which the seller of a thing transfers it to the hands or possession of the buyer or his agent, or places it within his control or power, or suffers him to have the enjoyment of it. Actual or real delivery is the manual transfer of the commodity sold to the vendee. Constructive or symbolical delivery is the transfer of some article which is a symbol or evidence of ownership; such as the delivery of the key of a warehouse containing the goods sold, or of the bill of lading of goods at sea, or of the bill of sale of a vessel at sea.

Story on Sales, §§ 304, 311. 2 Kent's Com. 496—505. Pothier Contr. of Sale, part 5, ch. 1, sect. 1.

A permission given by the seller to the buyer, or to some one sent by him, to carry away the things sold, or to exercise acts of ownership over them, amounts to a delivery. Id. ibid.