472. Evidence of intention.

Even where the bill of lading is made out to the buyer's order, if the seller retains possession of it until tender of the price, this also may be some evidence of an intention to reserve the right of disposal1.

If the seller takes the bill of lading to his own order and parts with it to a third person (not the buyer) who, by possession of the bill of lading, gets the goods, the buyer is held not to have the property so as to enable him to recover from the third person, notwithstanding that the seller's act was