delivery
the
act of delivering or distributing something (as goods or mail);
"his reluctant delivery of bad news"
Synonyms: bringing
2. delivery - the event of giving birth; "she had a difficult
delivery"
3. delivery - your characteristic
style or manner of expressing yourself orally; "his manner
of speaking was quite abrupt"; "her speech was barren
of southernisms"; "I detected a slight accent in his
speech"
Synonyms: manner of speaking, speech
4. delivery - the voluntary transfer of something (title or possession)
from one party to another
Synonyms: legal transfer, livery
5. delivery - (baseball) the throwing of a baseball by a pitcher
to a batter
Synonyms: pitch
6. delivery - recovery or preservation from loss or danger; "work
is the deliverance of mankind"; "a surgeon's job is
the saving of lives"
Synonyms: deliverance, rescue, saving
7. delivery - the act of delivering a child
Synonyms: obstetrical delivery
DELIVERY, conveyancing. The transferring of a deed from the grantor
to the grantee, in such a manner as to deprive him of the right
to recall it; Dev. Eq. R. 14 or the delivery may be made and accepted
by an attorney. This is indispensably necessary to the validity
of a deed; 9 Shepl. 569 2 Harring. 197; 16 Verm. 563; except it
be the deed of a corporation, which, however, must be executed
under their common seal. Watkin's Prin. Con. 300. But although,
as a general rule, the delivery of a deed is essential to its
perfection, it is never averred in pleading. 1 Wms. Saund. Rep.
291, note Arch. Dig. of Civ. Pl. 138.
2. As to the form, the delivery may be by words without acts;
as, if the deed be lying upon a table, and the grantor says to
the grantee, "take that as my deed," it will be a sufficient
delivery; or it may be by acts without words, and therefore a
dumb man may deliver a deed. Co. Litt. 36 a, note; 6 Sim. Rep.
31; Gresl. Eq. Ev. 120; Wood. B. 2, c. 3; 6 Miss. R. 326; 5 Shepl.
391; 11 Verm. 621; 6 Watts & S. 329; 23 Wend. 43; 3 Hill,
513; 2 Barr, 191, 193 2 Ev. Poth. 165-6.
3. A delivery may be either absolute, Is when it is delivered
to the grantor himself; or it may be conditional, that is, to
a third person to keep until some condition shall have been performed
by the grantee, and then it is called an escrow. (q.v.) See 2
Bl. Com. 306 4 Kent. Coin. 446 2 Bouv. Inst. n. 2018, et seq.;
Cruise, Dig. tit. 32, c. 2, s. 87; 5 Serg. & Rawle, 523; 8
Watts, R. 1; and articles Assent; Deed.
4. The formula, "I deliver this as my act and deed,"
which means the actual delivery of the deed by the grantor into
the hands or for the use of the grantee, is incongruous, not to
say absurd, when applied to deeds which cannot in their nature
be delivered to any person; as deeds of revocation, appointment,
&c., under a power where uses to unborn children and the like,
if in fact such instruments, though sealed, can be properly called
deeds, i. e. writings sealed and delivered. Ritson's Practical
Points, 146.
DELIVERY,
contracts. The transmitting the possession of a thing from one
person into the power and possession of another.
2. Originally, delivery was a clear and unequivocal act of giving
possession, accomplished by placing the subject to be transferred
in the hands of the buyer or his avowed agent, or in their respective
warehouses, vessels, carts, and the like. This delivery was properly
considered as the true badge of transferred property, as importing
full evidence of consent to transfer; preventing the appearance
of possession in the transferrer from continuing the credit of
property unduly; and avoiding uncertainty and risk in the title
of the acquirer.
3. The complicated transactions of modern trade, however, render
impossible a strict adherence to this simple rule. It often happens
that the purchaser of a commodity cannot take immediate possession
and receive the delivery. The bulk of the goods; their peculiar
situation, as when they are deposited in public custody for duties,
or in the hands of a manufacturer for the purpose of having some
operation of his art performed upon them, to fit them for the
market the distance they are from the house; the frequency of
bargains concluded by correspondence between distant countries,
and many other obstructions, frequently render it impracticable
to give or to receive actual delivery. In these and such like
cases, something short of actual delivery has been considered
sufficient to transfer the property.
4. In sales, gifts, and other contracts, where the party intends
to transfer the property, the delivery must be made with the intent
to enable the receiver to obtain dominion over it. 3 Serg. &
Rawle, 20; 4 Rawle, 260; 5 Serg. & Rawle, 275 9 John. 337.
The delivery may be actual, by putting the thing sold in the hands
or possession of the purchaser; or it may be symbolical, as where
a man buys goods which are in a room, the receipt of the keys
will be sufficient. 1 Yeates, 529; 5 Johns. R. 335; 1 East, R.
192.; 3 Bos. & Pull. 233; 10 Mass. 308; 6 Watts & Serg.
94. As to what will amount to a delivery of goods and merchandise,
vide 1 Holt, 18; 4 Mass. 661; 8 Mass. 287; 14 Johns. R. 167; 15
Johns. R. 849; 1 Taunt. R. 318 H. Black. R. 316, 504; 1 New R.
69; 6 East, R. 614.
5. There is sometimes considerable difficulty in ascertaining
the particular period when the property in the goods sold passes
from the vendor to the vendee; and what facts amount to an actual
delivery of the goods. Certain rules have been established, and
the difficulty is to apply the facts of the case.
6.-1. Where goods are sold, if nothing remains to be done on the
part of the seller as between him and the buyer, before the article
is to be deliver-ed, the property has passed. East, R. 614; 4
Mass. 661; 8 Mass. 287 14 Johns. 167; 15 Johns. 349; 1 Holt's
R. 18; 3 Eng. C. L. r. 9.
7.-2. Where a chattel is made to order, the property therein is
not vested in the quasi vendee, until finished and delivered,
though he has paid for it. 1 Taunt. 318.
8.-3. The criterion to determine whether there has been a delivery
on a sale, is to consider whether the vendor still retains, in
that character, a right over. the property. 2 H. Blackst, R. 316.
9.-4. Where a part of the goods sold by an entire contract, has
been taken possession of by the vendee, that shall be deemed a
taking possession of the whole. 2 H. Bl. R. 504; 1 New Rep. 69.
Such partial delivery is not a delivery of the whole, so as to
vest in the vendee the entire property in the whole, where some
act, other than the payment of the price, is necessary to be performed
in order to vest the property. 6 East, R. 614.
10.-5. Where goods are sent by order to a carrier the carrier
receives them as the vendee's agent. Cowp. 294; 3 Bos. & Pull.
582; 2 N. R. 119.
11.-6. A delivery may be made in a very slight manner; as where
one buys goods which are in a room, the receipt of the key is
sufficient. 1 Yeates, 529; 5 Johns. 335; 1 East, R. 192. See,
also, 3. B. & P. 233 7 East, Rep. 558; 1 Camp. 235.
12.-7. The vendor. of bulky articles is not bound to, deliver
them, unless he stipulated to do so; be must give notice to the
buyer that he is ready to deliver them. 5 Serg. & Rawle, 19;
12. Mass. 300; 4 Shepl. Rep. 49; and see 3 Johns. 399; 13 Johns.
294; 19 Johns. 218; 1 Dall. 171.
13.-8. A sale of bricks in a brickyard, accompanied with a lease
of the yard until the bricks should be sold and removed, was held
to be valid against the creditors of the vendor, without an actual
removal. 10 Mass. 308.
14.-9. Where goods were contracted to be sold upon condition that
the vendee should give security for the price, and they are delivered
without security being given, but with the declaration on the
part of the vendor that the transaction should not be deemed a
sale, until the security should be furnished; it was held that
the goods remained the property of the vendor, notwithstanding
the delivery. But it seems that in such cases the goods would
be liable for the debts of, the vendee's creditors, originating
after the delivery; and that the vendee may, for a bona fide consideration,
sell the goods while in his possession. 4 Mass. 405.
15.-10. Where goods are sold to be paid for on delivery, if, on
delivery, the vendee refuses to pay for them, the property is
not divested from the vendor. 13 Johns. 434; 1 Yeates, 529.
16.-11. If the vendor rely on the promises of the vendee to perform
the conditions of the sale, and deliver the goods accordingly,
the right of property. is changed; but where, performance and
delivery are understood to be simultaneous, possession, obtained
by artifice, will not vest a title in the vendee. 3 Serg. &
Rawle, 20.
17.-12. Where, on the sale of a chattel, the purchase money is
paid, the property is vested in the vendee, and if he permit it
to remain in the custody of the vendor, he cannot call upon the
latter for any subsequent loss or deterioration not arising from
negligence. 2 Johns. 13; 2 Caines, R. 38 3 Jolins. 394.
18. In order to make a good donatio mortis causa, it is requisite
that there should be a delivery of the subject to or for the donee,
where such delivery can be made. 3 Binn. R. 370; 1 Miles, Rep.
109, 110; 2 Ves. Jr. 120; 9 Ves. Jr. 1.
19. The delivery of the key of the place where bulky goods are
deposited, is, however, a sufficient delivery of such goods.
