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

(a) That the document il genuine
tb) That he has legal right 10 nego-
tiate or transfer n.
tc.) That he has knowledge of no fact
which would impair the validity or worth
Of the document. and
Id That he has right To transfer the
title TO the goods and that the goods are
merchantable or tt for "A particular pur-
pose. whenever such warranties would
have been implied IL the contract of the
parties had been 10 transfer without
document OF title the goods represented
thereby.
Sec. 37.-fIndorser not a Guarantor
The Endorsement of a document OF title
shall not make the indorser liable for
any failure on the part OF the bailee who
issued the document or previous indors-
ers thereof TO fulfill their respective OBJ
legations
Sec. 3s.-[When Negotiation not Impair
ed by Fraud Mistake. or Duress.I The
validity Of the negotiation Of "A negotiable
document OF title is not impaired by the
fact that the negotiation was a breach Of
duty on the part of the person making
the negotiation. or by the fact that the
owner Of the document was induced by
fraud, mistake. or duress to entrust the
possession or custody thereof 10 such
person, " the person TO whom the docu-
ment was negotiated or a person TO whom
the document was subsequently negotiat-
ed paid value therefor. without notice OF
the breach Of duty. or fraud. mistake, or
duress
Sec. 39.-fAttachment or Levy upon
Goods for Which Negotiable Document
has been Issued.l II goods are delivered
to bailee by the owner or by a-person
whose act I'm conveying the title to them
to a purchaser In good faith for value
would bind the owner and a negotiable
document of title is issued for them they
can not thereafter. while in the posses
sion of such bailee, be attached by gar
nishment or otherwise or be levied upon
under an execution unless the document
be first surrendered to the bailee or its
negotiation enjoined. The baiee shall
In no case be compelled TO deliver up
the actual possession Of the goods until
the document is surrendered to him or
impounded by the court.
Sec. 40.-[Creditors Remedies to Reach
Negotiable Documents.l A creditor whose
debtor is the owner Of a negotiable docu-
ment of title shall be entitled to such aid
from courts OF appropriate jurisdiction by
injunction and otherwise in attaching
such document or in satisfying the claims
by means thereof as is allowed at law or
in equity in regard to property which
can not readily be attached or levied upon
by ordinary legal process.
PART III.
PERFORMANCE OF THE CONTRACT.
Accept Goods.l II is the duty OF the
seller to deliver the goods, and of the
buyer to accept and pay for them, in ac-
cordance with the terms of the contract
to sell or sale.
Sec. 42.-lDelivery and Payment are
Concurrent Conditions.l Unless otherwise
agreed, delivery of the goods and pay
ment Of the price are concurrent condi-
tons that is to say, the seller must be
ready and willing to give possession OF
the goods to the buyer in exchange for
the price. and the buyer must be ready
and willing TO pay the price In exchange
for possession of the goods.
Sec. 43.-[Place. Time. and Manner Of
Delivery.1 o. Whether 1t Is for the buy
er to take possession OF the goods or for
the seller to send them to the buyer, Is a
question depending in each case on the
contract, express or implied, between the
parties. Apart from any such contract,
express or implied. or usage of trade to
the contrary, the place of delivery is the
sellers place of business, IL he have one.
and If not his residence; but in case OF a
contract to sell or a sale Of specific goods.
which to the knowledge Of the parties
when the contract or the sale was made
were In some other place, then that place
Is the place of delivery.
e. Where by contract to sell or
sale the seller is bound to send the goods
to the buyer, but no time for sending
them is fixed. the seller is bound to send
them within reasonable time.
go Where the goods at the time Of sale
are i'm the possession OF a third person.
the seller has not fulfilled his obligation
to deliver to the buyer unless and until
such third person acknowledges to the
buyer that he holds the goods on the buy
ers behalf: but as against all others
than the seller the buyer shall be regard
ed as having received delivery from the
tir,,n xxrIA Ard frat a.
tice of the sale. Nothing in this section.
however. shall affect the operation of the
issue or transfer of any document OF
title to goods.
a. Demand or tender Of delivery may
be treated as Intellectual unless made at
reasonable hour. What is a reasonable
hour is question of fact
o. Unless otherwise agreed, the ex-
penses OF and incidental to putting the
goods into a deliverable state must be
borne by the seller.
Sec. 44-[Delivery Of Wrong Quantity
a. Where the seller delivers to the buyer
a quantity of goods less than he contract
ed to sell. the buyer may reject them, but
IL the buyer accepts or retains the goods
so delivered. knowing that the seller Is
not going TO perform the contract In full.
he must pay for them at the contract
rate. II. however. the buyer has used or
disposed of the goods delivered before he
form his contract i'm full. the buyer shall
not he liable for more than the fair value
20 him of the goods so received.
(2D Where the seller delivers to the buy
er a quantity of goods larger than he
contracted to sell. the buyer may accept
che goods included I'm the contract and re-
feet the rest. or he may reject the whole
H the buyer accepts the whole OF the
goods so delivered he must pay for them
1T the contract rate.
o. Where the seller delivers to the buy
er the goods he contracted to sell mixed
with goods OF different description not
Included I'm the contract. the buyer may
accept the goods which are in accordance
with the contract and reject the rest. or
he may reject the whole.
a. The provisions of this section are
subject to any usage OF trade. especial
agreement. or course OF dealing between
the parties.
Sec. S.-[Delivery in Instrumental a.
Unless otherwise agreed. the buyer OF
goods is not bound to accept delivery
thereof by instslments.
(2) Where there Is a contract to sell
al. l.s s~y ta,f