Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-11

dition as a breach or warranty.
treat fS the fuifllment by the u seller ~e of
his obligations to furnish goods as de-
scribed and as warranted expressly or
as condition Of the obligation OF the
buyer to perform his promise to ac-
cept and pay for the goods.
any promise by the seller relating to
the goods is an express warranty If
the natural tendency of such affirma-
ton or promise IS to induce the buy
buyer purchases the, goods relying
thereon. No affirmation Of the value
of the goods, nor any statement pur-
porting to be statement Of the sell
ler's opinion only shall be construed as
a warranty.
Sec. is. In a contract to sell or a
sale. unless a contrary intention ap-
Q) An implied warranty on the
part Of the seller that in case of a sale
he has 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;
(2) An implied warranty that the
session of the goods as against any
lawful claims existing at the time Of
(a) An implied warranty that the
|
sale from any charge or encumbrance
in favor of any third person, not de-
clared or known to the buyer before or
at the time when the contract or sale
is made.
as This action shall not. however.
be held to render liable sheriff. auc-
tioneer, mortgage, or other person
protesting to sell by virtue. Of author
ity in fact or law. goods in which a
third person has a legal or equitable
interest.
to sell or sale of goods by descrip-
ton, there is an implied warranty
THAT the goods shall correspond with
the description and if the contract or
sale be by sample. as we'll as by de-
scription. it is not sufficient that the
bulk of the goods corresponds with
the sample If the goods do not also
correspond with the description.
Sec. Is. Subject to the provisions
of this act and of any statute in that
behalf. there is no implied warranty
or condition as to the quality or fit
ness for any particular purpose of
goods supplied under 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
he be the grower or manufacturer
or not. there is an implied warranty
that the goods shall be reasonably fit
for such purpose.
(2) Where the goods are bought by
| description from a seller who deals
in goods of that description whether
he be the grower or manufacturer or
not. there is an implied warranty
that the goods shall be of merchant
able quality.
(3) If the buyer has examined the
goods. there is no implied warranty
as regards defects which such exam
ination ought to have revealed.
90 In the case of a contract to
sell or 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 pur-
pose.
: 60 An implied warranty or con-
dition as to the quality or fitness for
a particular purpose may be annexed
: | by the usage of trade.
60 An express warranty or con-
: | dition does not negative warranty
,, or condition implied under this act
= | unless inconsistent herewith.
. | Sec. l6. In the case of contract
to sell or sale by sample:
A.. ta) There is an implied warranty
that the bulk shall correspond with
, the, sample in quality.
CD There is an implied warranty
: that the buyer shall have a reason
q able opportunity of comparing the
r bulk with the sample, except SO far
. as otherwise provided in section Al
- go.
| (c) If the seller is a dealer in
e goods of that kind, there is an inn
y piled warranty that the goods shall
be free from any defect rendering
o them understandable which would
:. not be apparent on reasonable exam
t ination of the sample.
d TRANSFER OF PROPERTY AS BE.
TWEEN SELLER AND BUYER
!. Sec. Il. Where there is a contract
to sell unascertained goods no prop
erty in the goods is transferred &c
i the buyer unless and until the goods
Q are ascertained. but property in ar
r undivided share of aScertained goods
r may be transferred as provided in
4 section 6.
q Sec. Is. % Where there is con-
: tract to sell specific or ascertained
: goods, the property in them is trans.
a TERED TO the buyer at such time as
:, the parties to the contract intend i,
o to be transferred
e (") For the purpose of ascertain
n ing the intention OF the parties re.
I. gard shall be had to the terms OF
e the contract. the conduct of the par
o ties. usage of trade, and the circum.
r stances of the case.
= Sec. II. Unless a different inten.
,tion appears, the following are rules
I for ascertaining the intention of the
r property in the goods is to pass tc
n the buyer.
t Rule /. Where there is an uncon-
= ditional contract to Sell specific
o goods. in deliverable state, the
% property in the goods passes to the
:, buyer when the contract is made and
,, it is immaterial whether the time
:, of payment, or the time of delivery
s or both. be postponed.
Rule 2. Where the is contract
to sell specific goods and the seller
n is bound to do something to the
h goods. for the purpose of putting
d them into a deliverable state, the
il property does not pass until such
: thing be done.
e Rule 2. 90 When goods arc de.
f | 1iVered to the buyer ION sale or re-
turn" or on other terms indicating
= an intention to make present sale
= but to give the buyer an option &c
o return the goods instead of paying
e the price, the property passes to the
S buyer on delivery. but he may revest
ing or rendering the goods within the
o time fixed in the contract, or. if nc
Z. time has been fixed. within a rea-
: sonable time.
r G.? When goods are delivered &c
+ the buyer on. approval or on trial OF
e on satisfaction. or other similar
o terms. the property therein passes tc
+, the buyer
tD When he signifies his ap.
prevail or acceptance to the seller
: or does any other act adopting the
- transaction
3 CD If he does not signify his
O | approval or acceptance to the seller
. but retains the goods without Civ
o i ing notice of rejection. then il a
: time has been fixed for the return
S such time. and. if no time has
been fixed. on the expiration of a