Sale of Good~Time of transfer of property-Acts of ownership-Local CIU-

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When a builder of a boat hands the boat over to the buyer, 'and the
boat is launched, and the boat' subsequently sinks in a storm, the ,buyer
must bear the loss because the transfer of' ownership to him has occUired
when' the boat has been handed over to ~ and launched. This is pa(tico-
larly true when the local custom is that the launching of a ""'SlIeI is the
test of transfer of the property.

Revision

August 17, 1930. Owen J.: In my opinion the learned judge'
misdirected himself in holding that the property in the boat was' still
in the builder. The applicant was Instructed by the respondent to
hand the boat over and actually did so. The boat was launched-in the:
presence of and with the assistance of the person to whom the boat
was.to be handed over. Ceremonial was observed which. evidCDc:e"
shows quite clearly tobe an.incident of taking over. The caulking of
the, seams was done and paid for by order of the respondent's repre-
sentative-or the representative of the man to whom delivery had been
ordered-after the 'launching; 'and how this could happen before' the
boat became the property of the plaintifi I do not know.

The respondent clearly exercised, by his' agent, acts of ownership
which went to support the evidence of those witnesses w\io, depOsed
to the custom that the launching of the vessel is the test of transfer 'Of , .

      the property.                                                                                 '

It is unfortunate that a storm caused the vessel to sink, butin the
absence of any evidence of negligence by the applicant, the :person who
must bear the-foss is the owner of the boat, and, as I have-said, in my
opinion th~/ owner of the boat was not the applicant.                                                                          

. 'I1)i'judgement of the learned judge will be reversed and judgement

      entered for the applicant with costs.                                        

Revision allowed