Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04

Section 16S4t-S. /. Where there is
contract to sell specific goods, and
subsequently, but before the risk
passes to the buyer, without any fault
on the part of the seller or the buyer,
the goods wholly perish, the contract Is
thereby avoided.
SPECIFIC goods, and subsequently, but
before the risk passes to 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
so deteriorate in quality as to be sub
Stantlally changed in character, the
buyer may at his option treat the con-
tract:
(a) AS avoided, or
=, CD As binding the seller to transfer
the nea property in all Of the existing
not deterlorated, and as binding the
buyer to pay the full agreed price If
the contract was indivisible, or to, pay
the agreed price for so much Of the
goods as the seller by the buyers OPP
ton, is bound to transfer If the con-
tract was Invisible.
Section 16S4t-9. 1. The price may
be fixed bv the contract, or may be
left to be fixed in such manner as may
be agreed, or it may be determined by
the course of dealing between the par
ties.
2. The price may be made payable in
any personal property.
3. Where transferring or promising to
transfer any interest in real estate con-
stItutes the whole or part of the con-
s1deration for transferring or for prom
Using to transfer the property in goods,
this act shall not apply.
4. Where the price is not determined
in accordance with the foregoing pro-
visions the buyer must pay q reason
able price. What is a reasonable price
Is question of fact dependent on the
circumstances of each particular case
Section 16S4t-10. 1. Where there is
contract to sell or sale of goods at
price or on terms to be fixed by
third person, and such third person
without fault of the seller or the buyer,
cannot or does not fix the price or
by avoided; but if the goods or any
part thereof have been delivered to
and appropriated by the buyer he must
pay a reasonable price therefor.
vented from fixing the price or terms
by fault of the seller or the buyer, the
party not in fault may have such rene
dies against the party in fault as are
allowed by sections 1684t-52 to 1684t-
70, inclusive, of the statutes.
Section 1684t-11. /. Where the OBJ
legation of either party to contract to
sell or a sale is subject to any condi-
ton which is not performed, such party
may refuse to proceed with the con-
tract or sale or he may waive perform
party has promised that the condition
should happen or be performed, such
first mentioned party may also treat
the nOnperformance of the condition as
Il breach of warranty.
2. Where the property in the goods
has not passed, the buyer may treat
the fulfillment by the seller of his OBJ
legation to furnish goods as described
and as warranted expressly or by i'm
plicatiOn in the contract to sell as a
condition of the obligation of the buyer
to perform his promise to accept and
pay for the goods.
Section 1684t-12 Any affirmation
Of fact or any promise by the seller re-
latinG to the goods in an express war
| Sss tTy (n tJJ1. fklJ11 1aU nj
affirmation or promise is to induce the
buyer to purchase the goods, and If the
buyer purchases the goods relying
thereon. No affirmation of the value of
the goods, nor any statement purp0rt-
ing to be q statement of the sellers
opinion only shall be construed as
warranty.
Section 16S4t-13. In a contract to
sell or a sale, unless a contrary inten-
ton appears, there is:
Cd An implied warranty on the part
has a right to sell the goods, and that
in case of a contract to sell he will
have right to sell the goods at the
time when the property is to pass;
CD An implied warranty that the
buyer shall have and enjoy quiet pos
session of the goods as against any
lawful claims existing at the time of
90 An implied warranty that. the
goods shall be free at the time of the
sale from any charge or encumbrance
III FAVOR OF any LnllQ person, not Uc-
clared or known to the buver before
or at the time when the contract or
sale is made.
"a This section shall not, however
! be held to render liable a sheriff, auc-
tI0neer, MORTGAGE or other person pro-
Tossing to sell by virtue OF authority in
fact or law goods in which a, third per-
son has legal or equitable interest.
Section 1684t-14. Where there is
contract to sell or a sale of goods by
description, there is an implied war
ranty that the goods shall correspond
with the description, and ii the con-
tract or sale be by sample, as We'll as
by description, it is not sufficient that
the bulk Of the goods correspond with
the description.
provisions of this act and of any stat
ute in that behalf, there is no implied
warranty or condition as to the quality
or fitness for any particular purpose Of
goods supplied under a contract to sell
or a sale, except as follows:
% Where the buyer, expressly or by
implication, makes known to the seller
the particular purpose for which the
goods are required, and it appears that
the buyer relies on the sellers skill or
or manufacturer or mott, there is an
implied warranty that the goods shall
be reasonably fit for such purpose.
(2l Where the goods are bought by
in goods of that description (Whether
he Ue the grower or manufacturer or
nOt), there is an implied warranty that
the goods shall be Of understandable
C3) If the buyer has examined the
goods, there is no implied warranty as
regards defects which such eXamina-
ton ought to have revealed.
(4) In the case of a contract to sell
or a sale of a specified article under it's
patent or other trade name, there is no
implied warranty as to it's fitness for
any particular purpose.
(o) An implied warranty or condition
as to quality or fitness for particular
purpose may be annexed by the usage
of trade.
CD An express warranty or condi-
ton does not negative a warranty or
condition implied under this act unless
inconsistent Herewith.
Section 1684t-16. In the case of
contract to sell or sale by sample:
CD There is an implied warranty
that the bulk shall correspond with the
sample in quality.
(25 There is an implied warranty
that the buyer shall have a reasonable
opportunity of comparing the bulk
with the sample, except so far as other
wise provided in section 1684t-47.
CD If the seller is a dealer in goods
of that kind, there is an implied war
ranty that the goods shall be free from
any defect rendering them unmer-
charitable which would not be apparent
on reasonable examination Of the sam
Section 16S4t-17. Where there is a
To coll ma Scertoine0 goods no