Sale—Executed Contract—Payment against Shipping Beceipts— Present Transfer.—In determining whether or not an agreement was an executed contract of sale, the mere fact that payment for the property was expressly deferred to the time of shipment, and was to be made only as against shipping receipts, does not exclusively establish that the purchase was against shipping receipts only, or that there was no agreement for a present transfer of the property.

Id.—Title When Passes under Sale.—Under section 1140 of the Civil Code, the title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not.

Id.—Payment or Delivery Not Essential..—Whenever the terms of sale are agreed to, and the bargain is struck, and everything that the seller has to do with the goods is complete, the contract of sale becomes absolute, without actual payment or delivery, and the property and risk of accident to the goods vest in the buyer.

Id.—Trade Meaning of Expression Controlled by Contract.—Whatever may be the general trade meaning of the phrase “payable against shipping receipts,” or “payable when shipped,” or “payable f. o. b.,” such trade or commercial meaning is always controlled by the express contract of the parties.

Id.—Evidence Shows Executed Sale—Deferred Payment of Price.— In the present case, the evidence is reviewed and held to support the finding that the agreement in question amounted to an executed sale of certain barley, which remained at the risk of the buyer from the time of the sale, although payments therefor were to be made when the barley was shipped.

Id.—Purchase by Agent Having General Authority.—A seller, in dealing with an agent of a purchaser having general authority to buy grain; is not affected by any limitation upon the authority of the agent not communicated to him.

Id.—Subsequent Instructions to Agent.—No instructions from the purchaser to his agent, after the completion of the sale, could have any effect upon the rights of the seller.