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

and shall neglect Tor more tnan tHlIty
days to pay the same to the commits
sioner of inland fisheries and game. as
herein provided. shall pay a hne or
not less than fifty. nor more than one
hundred dollars and costs OF prose-
cution for each offense'.-App. Apr. 4.
CHAPTER 1sl
An Act to Make Uniform the Law OF
Sales of Goods
PART
Sec. 1. CD A contract to sell goods
is a contract whereby the seller agrees
to transfer the property In goods 70
the BUYER for a consideration called
the price. o.
ment whereby the seller transfers the
prOpedrty in go saed to the see p pnser
(3) A contract to sell or sale
may be absolute or conditional:
ca There may be contract TO sci!
or a sale between one part owner ana
Sec. >. Capacity to buy and sell is
regulated by the general law concern
ing capacity to contract. and to trans
fer and acquire property.
| livered to an infant. or to person
who by reason of mental incapaclty or
drunkenness is incompetent to con-
tract, he must pay reasonable price
therefor.
Neccssaries in this section mean
goods suitable to the condition in life
of such infant or other person. and to
his actual requirements at the time OIL
delivery.
Sec. 3. Subject to the provisions of
| this act and OF any statute in that be-
I half. a contract to sell or sale may be
! made in writing (either with or with
Of I, nfs
partly in writing and partly by word
of mouth. or may he inferred from the
Sec. 4. Cd a contract to sell or
| sale of any goods or chooses in ac-
ton Of the value of five hundred dol
J lars or upwards shall not be enforce.
| able by action unless the buyer shall
| accept part of the goods or chooses IN
action so contracted 7" be sold or sold
and actually receive the same, or give
| something in earnest to bind the con-
tract or in part payment. or unless
some note or memorandum in writing
| of the contract or sale be signed ny
| the party to be charged or his agent III
that behalf.
| CO The provisions of this section
apply TO every such contract or sale
notwithstanding that the goods may
| he intended to he delivered at some
future time or may not at the time OF
such contract or sale be actually made
procured, or provided, or fit or ready
for delivery, or some act may he re-
quiSte for the making or completing
thereof. or rendering the same fit fol
delivery; but if the goods are to hs
manufactured by the seller especially
for the buyer and are not suitable for
| sale to others in the ordinary course
of the sellers business. the provisions
of this section shall not apply.
6, There is an acceptance of goods
| within the meaning of this section
when the buyer. either before or after
| delivery nf tho goods h\
words or conduct his assent to he
coming the owner of those specific
goods.
Sec. 5. ON The goods which form
the subject of contract to sell may b.
either existing goods. owned or pos
Sessed by the seller. or goods to ht
manufactured or acquired by the selle
f n 'hf This ma ast ead f the goadx
Co There may be a contract to sci
goods, the acquisition of which by thu
seller depends upon contingent,
| which may or may not happen.
60 Where the parties purport t.
effect present sale of future goods
the agreement operates as a contrac
, to sell the goods.
Sec. G. % There may be a con
tract to sell or sale of an undivided
share of goods. If the parties inten'
to effect present sale. the buyer, b.
force of the agreement. becomes al
owner in common with the owner o
| owners of the remaining shares.
CD In the case of fungihle goods
there may be a sale of an undivided
share of specific mass. though tn
seller purports TO sell and the buye
to buy a definite number, weight o
measure of the goods in the mass. am
though the number. weight or measur
of the goods in the mass is undeter
mined. BY such sale the buyer. be
comes owner in common of such
share of the mass as the humble,
weight or measure bought bears t.
the number. weight or measure of tn
mass. If the mass contains less thai
the number. weight or measure bought
the buyer becomes the owner of tn
whole mass and the seller is bound t
make good the deficiency from simila
goods unless a contrary intent ap
pears.
Sec. I. G) Where the parties purpor
to sell specific goods. and the good
without the knowledge of the selle
have wholly persisted at the time whe
the agreement is made, the agreemen
| is void.
CD Where the parties purport t
sell specific goods. and the goods with
out the knowledge of the seller hav
material part so deteriorated il
quality as to be substantially change
in character. the buyer may at hi
option treat the sale:
| (a) AS avoided, or
90 AS transferring the property il
all of the existing goods or in so mucl
thereof as have not detcriorated, an
as binding the buyer to pay the full
Bile. or to pay the agreed price for tn
goods in which the property passes i
the sale was Invisible.
Sec. s. % Where there is a con
tract to sell specific goods. and sub
sequentIy. but before the risk passes t
the buyer. without any fault on tn
part of the seller or buyer. the good
wholly perish, the contract is thereb
Co Where there is contract t.
sell specific goods. and subsequently
but before the risk passes to the buy
err, without any fault of the seller o
the buyer. part of the goods perish o
the whole or material part of tn
goods so deteriorato in quality as t
be substantially changed in character
the buyer may at his option treat tn
contract:
ta) AS avoided, or
OBJ AS binding the seller TO trans
fer the property in all of the eXistin
goods or in so much thereof as hay
not deteriorated. and as binding tn
buyer to pay the full agreed price if tn
contract was indivisible. or to pay tn
agreed price for so much of the good
as the seller by the buyers option. j
bound to transfer if the contract wa
Invisible.
Sec. 0. D The price may he fixe
by the contract. or may be left to b
fixed in such manner as may b
agreed, or it may he determined b.
the course of dealing between tn
parties.
Co The price may he made payabl
in any personal property.
(3) Where transferring or prom
Using to transfer any interest in rea
estate constitutes the whole or par
of the consideration for transferring o
for promising to transfer the propert
in goods. this act shall not apply.
ca Where the price is not de
! fCrninp6 accordance with Tho fore
going provisions the buyer must pa.
a reasonable price. What is a rca
sonable price is a question of fact de
pendent on the circumstances of eacl