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

trary, the place of delivery is the sell
er's place Of business If he ha I,e OF one Sa
Of contract to sell or sale or spe-
cific goods, which to the knowledge OF
the parties when the contract or the
sale was made were in some otheF
place. then that place is the place or
delivery.
2. Where by a contract to sell or a
goods to the buyer, but no time me- TO? Or
sending them is fixed, the seller is
bound to send them within a reason
s. Where the goods at the time Of
person, the seller has not fulfilled his
less and until such third person &C
knoweldges to the buyer that he holds
the goods on the buyers behalf; but as
against all others than the seller the
buyer shall be regarded as having re-
ceived delivery from the time when
such third person first has notice OF
the sale. Nothing in this section, how
ever, shall affect the onerat4on OF the
issue or transfer of any document OF
title to goods.
4 Demand or tender of delivery may
be treated as Intellectual unless made
at reasonable hour. What is a rea-
sonable hour is a question Of fact.
s. Unless otherwise agreed, the ex-
penses of and incidental to putting the
goods into a deliverable state must be
borne by the seller.
Section 1684t-44. 1. Where the
GellGr Q0llVorS TO the DuNeI d qutdilLit
of goods less than he contracted to sell,
the buyer may reject them, but II the
buyer accepts or retains the go0ds so
delivered, knowing that the seller is
not going to perform the contract In
full he must pay for them at the con-
tract rate. If, however, the buyer mas
used or disposed of the goods del1V-
cred before he knows that the seller is
not going to perform his contract In
full, the buyer shall not be liable for
more than the fair value to him OF the
2. Where the seller delivers to the
buyer quantity Of goods larger than
he contracted to sell the buyer may
accept the goods included IN the con
tract and reject the rest, or he may
reject the whole If the buyer &C
cepts the whole Of the goods SO deliv-
cred he must pay for them at the con-
8. Where the seller delivers to the
buyer the goods he CONTRACTED to sell
mixed with goods Of a different de-
the buyer may accept the goods which
are in accordance with the contract
and reject the rest or he may reject
4. The provisions Of this section are
subject to any usage of trade, special
agreement or course of dealing be-
'" Section on 16s{4t@45. 1. Unless other
wise greed, the buyer of goods is not
bound to accept delivery thereof by
1nstallmentS.
2. Where there is contract to sell
goods to be delivered by stated install
ments, which are to be separately paid
for, and the seller makes defective Qe-
liyeries in respect Of one or more in
Btallments, or the buyer neglects or
refuses to take delivery Of or pay for
one or more installments, 1t depends
In each case on the terms of the con-
&ract and the circumstances or the
case, whether the breach of contract Is
30 material as to Justify the injured
party in refusing to proceed further
and suing for DANA ges for breach OF
the entire contract, or whether the
breach is severa BILE, giving rise to g
claim for compensation, but not to @
fight to treat the whole contract as
broken.
Section 1684t-48. /. Where, in pur-
Suance OF a contract to sell or sale
the seller is authorized or required to
send the goods to the buyer, delivery
OF the goods to a carrier, whether
named by the buyer or not, for the pur-
pose of Transmission to the buyer, Is
6eemed to be a delivery Of the goods
to the buyer, except in the cases pro-
vided for in section 1684t-19, para
graph o, unless contrary intent ap-
2. Unless otherwise authorized by
Che buyer the seller must make such
contract with the carrier on behalf OF
fhe buyer as may be reasonable, having
regard to the nature OF the goods and
the other circums tances OF the case. II
The seller omit SO to do, and the goods
are lost or damaged in course or tran
cit, the buyer may decline to treat the
delivery to the carrier as q delivery tC
himself, or may hold the seller respon-
3. Unless otherwise agreed, where
goods are sent by the seller to the
buyer under circumstances in which
the seller knows or ought to know that
1t is usual to insure, the seller must
give such notice to the buyer as may
enable him to insure them during then
transit, and, if the seller fails to do so
&he goods shall be deemed to be at his
fisk during such transit.
Section 1684t-47 i. Where. goods
are delivered to the buyer, which he
has not previously examined, he Is not
deemed to have accepted them unless
and until he has had a reasonable OPP
portunity Of examining them for the
purpose Of ascertainlng whether they
Are in conformity with the contract.
3. Unless otherWise agreed, when the
seller tenders delivery of goods to the
buyer, he is bound, on request, to af-
ford the buyer a reasonable OppOrtun-
1ty of examining the goods for the pur-
pose Of ascertaining whether they are
In conformity with the contract.
g. Where goods are delivered 20 9
carrier by the seller, in accordance
with an order from or agreement With
the buyer upon the terms that the
goods shall not be delivered by this
carrier to the buyer until he has paiC
The price, whether such terms are In
olcated by marking the goods with the
words collect on delivery" or other
wise, the buyer Is nor entitled to eX-
anime the goods before payment OF
the price III the absence or agreement
permitting such examination.
Section 1G84t-48. The buyer /:
deemed to have accepted the goods wher
ne intimates to the seller that he has
accepted them, or when the goods have
been delivered to him, and he does any
oct in relation to them which is inCOn
eistent with the ownership of the sell
or, or when, after the lapse of a rea
@onable time, he retains the goods
without intimating to the seller tina
he has rejected them.
Section 16S4t-49. In the absence o,
express or implied agreement of the
parties, acceptance Of the goods by The
buyer shall not discharge the seller
from liability in damages or other lega
remedy for breach Of any promise OF
warranty in the contract to sell or thu
sale. But if, after acceptance of tht
goods, the buyer fails to give notice tt
the seller Of the breach of any prom
ige or warranty within a reasonable
time after the buyer knows, or Ough
to know, Of such breach, the selleI
shall not be liable therefor
Section 16S4t-50. Unless otherwise
agreed. where goods are delivered t
the buyer, and he refuses to accep
them, having the right so to do he I!
not bound to return them to the seller
but it Is sufficient If he notifies thu
seller that he refuses to accept them.
Secion 1GS4t-51. When the seller /!
ready and willing to deliver the goods