The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-08-21

.hereOf as may he necessary.
Sec. 2 This act shall take effect upon
Is passage. and all acts and parts Of
acts inconsistent herewith are hereby re-
oealed.
CHAPTER 1913.
AN ACT to Make Uniform the Law Re.
lating To the Sale OF Goods.
PASSED April 3O 1867
Il Is enacted by the General Assembly as
follows:
FORMATION or THE CONTRACT.
Section /. - Contracts to Sell and
Sales.l o. contract to sell goods - "A
contract whereby the seller agrees to
ransfer the property In goods to the
'uyer for "A consideration called the price.
o. A sale of goods Is an agreement
whereby the seller transfers the property
goods to the buyer for "A consideration
called the price.
CD contract TO sell or a sale may be
absolute or conditional.
a. There may be "A contract to sell or
4 sale between one part owner and an
)ther.
Sec 2.-[Capacity-Liab for Neces-
sarics.l Capacity TO buy and sell IL reg
Hated ny tile general law concerning ca
oacity 10 contract, and to trapsfer and
acquire property.
Where necessares are sold and deliv-
'eason of mental mcapacity or drunken
ness Is incompetent to contract, he mus
pay "A rcxsonablc price therefor
Necessarics In this section mean goods
suitable to. the condition I'm life Of such
infant or other person, and TO his actual
requirements at the time OF delivery.
FORMALITIES OF THE CONTRACT
Sec. 3.-GForm of Contract or Sale.
Subject TO the provisions Of this act and
If of I'm
% sell a sale may be made In writing
,ether with or without seaO or by WORD
of mouth. or partly In writing and partly
by word OF mouth, or may be inferred
rom the conduct Of the parties.
Sec. 4. [Statute of Frauds.l QD A con
tract TO sell or a sale Of any goods or
,hoses in action Of the value Of five hun
ired dollars or upwards shall not be en-
torceable by action unless the buyer shall
accept part OF the goods or chooses in aC-
ion so contracted to be sold or sold, and
actually receive the same, or give some
thing in earnest to bind the contract or
n part payment, or unless some note or
memorandum in writing of the contract
Or sale be signed by the party to be
charged or his agent in that behalf.
(2) The provisions OF this section apply
% every such contract or sale, notwith-
standing. that the goods may be intended
20 be delivered at some future time, or
sale he actually made. procured, or pro-
vided, or fit or ready for delivery, or
some act may be requisite for the max
ing or completing thereof, or rendering
the same fit for delivery; but IL the goods
are to be manufactured by the seller
especially for the buyer and are not suit
able for sale To others In the ordinary
course Of the sellers business. the provi-
sions OF this section shall not apply
CD There Is an acceptance OF goods
within the meaning of this section when
the buyer. either before or after delivery
Of the goods. expresses by words or con-
iuct his assent to becoming the owner Of
those specific goods.
SUBJECT-MATTER OF CONTRACT.
Sec. 5.-[Exstng and Future Goods J
o. The goods which form the subject OF
contract TO sell may be either existing
goods, owned or possessed by the seller
Or goods TO he manufactured or acquired
by the seller after the making OF the con-
tract to sell, In this act called future
goods"
O. There may be contract TO sell
goods, the acquisition OF which by the
seller depends upon a contingency which
may or may not happen.
0) Where the parties purport TO effect
present sale OF future goods. the agree
'ent operates as a contract to sell the
goods.
Sec. 6.--rUndivided Sharesl QO There
may be a contract TO serl~or a sale OF an
undivided share OF goods III the parties
intend to effect n present sale the buyer
by force of the agreement becomes an
owner in common with the owner or
owners OF the remaining shares
(2) In the case of fungible goods there
may be sale OF an undivided share OF a
specific mass. though the seller purports
TO sell and the buyer to buy "A detinit,
number, weight, or measure Of the good,
I'm the mass and though the number
weight. or measure OF the goods In tn,
mass Is undetermined. BY such sal,
the buyer becomes owner in common o
such a share OF the mass as the number
weight, or measure bought bears to IN,
number, weight. or measure OF the mass
IL the mass contains less than the mum
Der. weight. or measure bought. the buye
becomes the owner OF the whole mass an,
the seller IL bound TO make good the de
hcency from similar goods unless a con
hary intent appears.
sec. 7.-fDestruction OF Goods Soldl q.
Where the parties purport To sell specin
goods and the goods without the lSnowi
edge OF the seller have wholly perished a
the time when the agreement is made, tn
agreement is void
CD Where the parties purport 20 sci
specific goods and the goods without tn
knowledge Of the seller have perlshed Il
part or have wholly or I'm material par
% deterlorated An quality as TO be sub
stantially changed I'm character. the buy
er may at his option treat the sale
Ia As avoided. or
Cb) AS transferring the property I'm n
Of the existing goods or I'm so much there
of as have not deteriorated. and as bind
ing the buyer 20 pay the fun agreed prc
IL the sale was indivisible or TO pay IN
agreed price for the goods In which Oh
property passes IL the sale was divisibl'
Sec. S-[Destruction of Goods Contract
ed TO be Sold.l u) Where there Is. a cor
tract to sell specific goods. and subs'