How is a sale distinguished from a bailment?
A sale invlves the transfer of title to the vendee, as distniguished from a bailment, which involves merely a transfer of possession to the bailee.
In a sale of goods, the loss of goods is sustained by the vendee because she is the owner. In a bailment, the loss of goods falls upon the baior because he has title. When the identical thing delivered is to be restored in the same or an altered form, the contract is one of bailment, and the title to the property is not changed; but when there is no obligation to restore the specific article, and the receiver is at liberty to return another thing of equal value or the money value, and the title to the property is changed, it is a sale. A sale on approval is a bailment, the bailee having an option to purchase; a sale or return is a sale, which becomes a bailment if title is revested in the vendor by the vendee.