Prima facie the property under a fob contract passes to the buyer on shipment1, but as in a cif contract2 the inference may be rebutted and the moment of the passing of the property postponed, as where the seller takes or deals with the bill of lading in such a form or manner as to show that he did not intend to appropriate the goods to the contract, or that he has reserved a right of disposal until performance of the contract terms of payment, whether they are for payment in cash or by acceptance of a bill of exchange or
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