Page:United States Statutes at Large Volume 76A.djvu/224

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1531. Variation of implied obligations. 1532. Rights may be enforced by action. 1533. Rules for cases not provided for by this chapter. 1534. Interpretation shall give effect to purpose of uniformity. 1535. Provisions not applicable to mortgages. 1536. Definitions. 1537. Chapter not to affect warehouse laws. 1538. Short title. Subchapter I—The Contract Article A—Formation of the Contract § 1421. Contracts to sell and sales (a) A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price. (b) A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price. (c) A contract to sell or a sale may be absolute or conditional. (d) There may be a contract to sell or a sale between one part owner and another. § 1422. Capacity; liability for necessaries Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property. Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries 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 of delivery. Article B—Formalities of the Contract § 1423. Form of contract or sale { Subject to the provisions of this chapter and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties. § 1424. Statute of frauds (a) A contract to sell or a sale of any goods or choses in action of the value of $500 or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his a^ent in that behalf. (b) The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intenaed to be 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 be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply. (c) There is an acceptance of goods within the meaning of this secfion when the buyer, either before or after delivery of the goods,