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

the seller or the buyer. the goods wholly
perish contract is thereby avoided.
90 Where there Is a contract TO sell
specific goods. and subsequently. but be-
fore the risk pIsses 10 the buyer without
any fault OF the seller or the buyer part
OF the goods perish Or the whole or a
material part OF the goods 80 deteriorate
I'm quality as 10 be substantially changed
b. charaSter. the buyer may at his option
treat the contract
Ia AS avoided, or
(b) AS binding the seller TO transfer the
property In all Of the existing goods or
i'm so much thereof have not deterior-
ated. and as binding the buyer 10 pay the
full agreed price If the contract was indi-
visible, or To pay the agreed price for SO
much OF the goods as the seller. by the
buyers option. Is bound To transfer II the
contract was divisibe.
THE PRICE.
Sec 9.-fDehnition and Ascertalnment OF
Price.l a. The price may be fixed by the
contract or may be left 10 be fixed In
such manner as may be agreed. or II may
be determined by the course OF dealing
between the parties.
90 The price may be made payable In
any personal property
go Where transferring or promising 10
transfer any interest In real estate con-
stitutes the whole or part OF the consid-
GRAFTON for transferring or for promising
to transfer the property In goods, this act
shall not apply.
% Where the price Is not determined I'm
accordance with the foregoing provisions
the buyer must pay a reasonable price.
What Is a reasonable price is "A question
OF fact dependent on the circumstances OF
each particular case.
Sec. lO.-[Sale at Valuation.l a.
Where there Is q contract to sell or a
sale OF goods at a price or on terms to be
xAI hKF IrI nd tInh r.
person. without fault Of the seller or the
buyer. can not or does not fix the price or
terms. the contract or the sale IS thereby
avoided, but II the goods or any part
thereof have been delivered 10 and APP
propriated by the buyer he must pay
reasonable price therefor
(2J Where such thrd person II pre-
vented from fixing the price or terms by
fault OF the seller or the buyer the party
rot In fault may have such remedies
against the party In fault as are allowed
by parts " and V Of this act.
CONDITIONS AND WARRANTIES.
Sec II Effect OF Conditions.l %
Where the obligation Of either party to a
contract to sell or "A sale is subject TO
any condition which is not performed
such party may refuse to proceed with
the contract or sale or he may waive per
formance OF the condition. II the other
party has promised that the condition
should happen or se performed. such
first t-mentoned party may also treat the
performance OF the condition as
breach of warranty
(2) Where the property In the goods has
not passed. the buyer may treat the full
fllment by the seller of his obligation
to furnish goods as described and as
warranted expressly or by implication I'm
the contract to sell as a condition or the
obligation OF the buyer to perform his
FOR. hn
Sec i2-fDehnition of Express Warran-
ty1 Any affirmation Of fact or any prom
ise by the seller relating to the goods Is
an express warranty IL the natural tend
ency Of such affirmation or promise rs TO
induce the buyer to purchase the goods,
and If the buyer purchases the goods re-
lying thereon No affirmation Of the value
of the goods. nor any statement purport-
ing To be O statement of the sellers opin-
ion only shall be construed as war
ranty.
Sec. I3-[Impled warranties OF Title.l
In n contract to sell or sale, unless
contrary intention appears, there Is
a. An implied warranty on the part or
the seller that in the case OF a sale he has
a right to sell the goods, and that In the
case OF contract to sell he will have
right to sell the goods at the time when
the property IL to pass
(2) An implied warranty that the buyer
shall have and enjoy quiet possession or
the goods as against any lawful claims
existing at the time OF sale.
90 An implied warranty that the goods
shall be free at the time OF the sale from
any charge or encumbrance In favor OF
any third person, not declared or known
10 the buyer before or at the time when
,e contract or sale Is made
a. This section shall not, however be
cid to render liable a sheriff. auctioneer'
mortgagee, or other person processing to
sell by virtue of authority In fact or law
goods I'm which third person has legai
or equitable interest
Sec li-IImplied Warranty In Sale by
Description Where there is contract
10 sell or a sale OF goods by description,
there Is an implied warranty that the
goods shall correspond with the descrip-
ton and II the contract or sale be by
sample. as we'll as by description, II ~
not sufficient that the bulk of the goods
corresponds with the sample II the goods
do not also correspond with the descrip-
ton.
Sec. l5.-rImplied warranties OF Quail
ityl Subject to the provisions or this act
and of any statute In that behalf, there
Is no implied warranty or condition as to
the quality or fitness for any particular
purpose OF goods supplied under con-
tract TO sell or a sale, except as follows:
a. Where the buyer. expressly or oy
Implication, makes known TO the seller the
particular purpose for which the goods
are required, and 1t appears that the buy
er relies on the sellers skill or Judgment
whether no be the grower or manufac-
turer or noO. there IL an implied war
ranty that the goods shall be reasonably
fit for such purpose.
(2l Where the goods are bought by de-
scrlption from a seller who deals I'm goods
OF that description (whether he be the
grower or manufacturer or noO. there Is
an implied warranty that the goods shall
be OF merchantable quality.
o. II the buyer has examined the goods
there is no implied warranty as regards
defects which such examination ought to
have revealed.
a. In the case OF n contract TO sell or
sale OF a specaaed article under its patent
or other trade name. there Is no implied
warranty as to its fitness for any particu'
lar purpose.
6) An implied warranty or condition
as TO quality or fitness for a particular
purpose may be annexed by the usage OF
trade.
(6) An express warranty or condition
does not negative warranty or condition