This section is from the book "A Commentary On The Law Of Contracts", by Francis Wharton. Also available from Amazon: A Commentary On The Law Of Contracts.
When the question is one of delivery through a common carrier, the vendor must see that the goods are properly received by the carrier.4 Thus where it was notorious at a port of lading that carriers were not responsible for an excess of value of an article lost beyond 5l., unless notified of the value, and paid specially, it was held by Lord Ellenborough that a vendor who neglected to give the proper notice of value to the carrier was responsible for the loss to the purchaser.5
A vendor, by undertaking to deliver at a distant point, may make the carrier his agent, in which case the vendor assumes the risk of the carriage.6 And this holds good even when the promise by the vendor to deliver at the purchaser's place of business is made after the original contract of sale, and when there is no usage as to mode of delivery.7
 
Continue to: