(1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property [ownership] in the goods thereupon passes to the buyer. Such assent may be express or implied and may be given either before or after the appropriation is made.
(2) Where in pursuance of the contract the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of disposal he is deemed to have unconditionally appropriated the goods to the contract.
An example of this would be if Albert purchases 10 BriteWare electric ovens for $500 each from Stoves-R-Us Pty Ltd. The Stoves-R-Us representative says that he has 50 such ovens in stock, but that he will set 10 of them aside for Albert sometime in the following week.
In these circumstances, ownership of the ovens would pass to Albert only when the seller specifies which particular 10 of his ovens are those that Albert has purchased, for example, by marking them with Albert's name.