2. It is usually applied to the reward paid to a public officer for the performance of his official duties.
3. The salary of the president of the United States is twenty−five thousand dollars per annum; Act of l8th Feb.
1793; and the constitution, art. 2, s. 1, provides that the compensation of the president shall not be increased or
diminished, during the time for which he shall have been elected.
4. Salary is also applied to the reward paid for the performance of other services; but if it be not fixed for each
year, it is called honorarium. Poth. Pand. h. t. According to M. Duvergier, the distinction between honorarium and
salary is this. By the former is understood the reward given to the most ele−vated professions for services
performed; and by the latter the price of hir−ing of domestic servants and workmen. 19 Toull. n. 268, p. 292, note.
5. There is this difference between salary and price; the former is the re−ward paid for services, or for the hire of
things; the latter is the consideration paid for a thing sold. Lec. Elem. _907, 908.
SALE, contracts. An agreement by which one of the contracting parties, called the seller, gives a thing and
passes the title to it, in exchange for a certain price in current money, to the other party, who is called the buyer or
purchaser, who, on his part, agrees to pay such price. Pard. Dr. Com. n. 6; Noy’s Max. ch. 42; Shep. Touch. 244; 2
Kent, Com. 363; Poth. Vente, n. 1; 1 Duverg. Dr. Civ. Fr. n. 7.
2. This contract differs from a barter or exchange in this, that in the latter the price or consideration, instead of
being paid in money, is paid in goods or merchandise, susceptible of a valuation. It differs from accord and
satisfaction, because in that contract, the thing is given for the purpose of quieting a claim, and not for a price. An
onerous gift, when the burden it imposes is the payment of a sum of money, is, when accepted, in the nature of a
sale. When partition is made between two or more joint owners of a chattel, it would seem, the contract is in the
nature of a barter. See 11 Pick. 311.
3. To constitute a valid sale there must be, 1. Proper parties. 2. A thing which is the object of the contract. 3. A
price agreed upon; and, 4. The consent of the contracting parties, and the performance of certain acts required to
complete the contract. These will be separately considered.
4. − _1. As a general rule all persons sui juris may be either buyers or sellers. But to this rule there are several
exceptions. 1. There is a class of persons who are incapable of purchasing except sub modo, as infants, and
married women; and, 2. Another class, who, in consequence of their peculiar relation with regard to the owner of
the thing sold, are totally incapable of becoming purchasers, while that relation exists; these are trustees,
guardians, assignees of insolvents, and generally all persons who, by their connexion with the owner, or by being
employed concerning his affairs, have acquired, a knowledge of his property, as attorneys, conveyancers, and the
like. See Purchaser.
5. − _2. There must be a thing which is the object of the sale, for if the thing sold at the time of the sale had
ceased to exist it is clear there can be no sale; if, for example, Paul sell his horse to Peter, and, at the time of the
sale the horse be dead, though the fact was unknown to both parties: or, if you and I being in Philadelphia, I sell
you my house in Cincinnati, and, at the time of the sale it be burned down, it is manifest there was no sale, as
there was not a thing to be sold. It is evident, too, that no sale can be made of things not in commerce, as the air,
the water of the sea, and the like. When there has been a mistake made as to the article sold, there is no sale; as,
for example, where a broker, who is the agent of both parties, sells an article and delivers to the seller a sold note
describing the article sold as "St. Petershurg clean hemp," and bought note to, the buyer, as "Riga Rhine hemp,"
there is no sale. 5 Taunt. 786, 788; 5 B. & C. 437; 7 East, 569 2 Camp. 337; 4 Ad. & Ell. N. S. 747 9 M. &, W.
805. Holt. N. P. Cas. 173; 1 M. & P. 778.
6. There must be an agreement as to the specific goods which form the basis of the contract of sale; in other
words, to make a perfect sale, the parties must have agreed the one to part with the title to a specific article, and
the other to acquire such title; an agreement to sell one hundred bushels of wheat, to be measured out of a heap,
does not change the property, until the wheat has been measured. 3 John. 179; Blackb. on Sales, 122 , 5 Taunt.
176; 7 Ham. (part 2d) 127; 3 N. Ramp. R.282; 6 Pick. 280; 15 John. 349; 6 Cowen, 250 7 Cowen, 85; 6 Watts, 29.
7. − _3. To constitute a sale there must be a price agreed upon; but upon the maxim id certum est quod reddi
certum potest, a sale may be valid although it is agreed that the rice for the thing sold shall be determined by a
third person. 4 Pick. 179. The price must have the three following qualities, to wit: 1. It must be an actual or
serious price. 2. It must be certain or capable of being rendered certain. 3. It must consist of a sum of money.
8. − 1. The price must be an actual or serious price, with an intention on the part of the seller, to require its
payment; if, therefore, one should sell a thing to another, and, by the same agreement, he should release the buyer
from the payment, this would not be a sale but a gift, because in that case the buyer never agreed to pay any price,