1927Present; Schneider J, and Maartensz A.J.

 OTHMAN v. JINADASA,

485.-D. C, Colombo, 190.

Sale of goods-Delivery conditional on payment-Mate's Receipt sent by value-payable post-Risk of loss in transhipment.

Where a seller shipped goods to a buyer and sent the male's receipt by value-payable post, thereby intending to make the
delivery of goods conditional on payment,-

Held, that the property in the goods did not pass to the buyer on delivery to the carrier, and that the risk of loss in transport fell on the seller.

APPEAL from a judgment of the District Judge of Colombo. The plaintiff sued the defendant for the recovery of a sum of Rs. 533.21, the value of goods sent by the plaintiff from Colombo in the ss. " Lady McCallum " to the defendant at Trincomalee. The steamer was wrecked and the goods lost. It was proved that the course of business adopted was that the plaintiff should send a document called the mate's receipt by value-payable post to the defendant, so that the latter was unable to obtain delivery of the goods until he had paid their full value. The defendant resisted the claim on the ground that the plaintiff had consigned