D. 1896.]
SALE OF GOODS.
Plaintiff" includes a defendant counterclaiming :
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Property" means the general property in goods, and not merely special property :
Quality of goods" includes their state or condition :
Sale" includes a bargain and sale as well as a sale and delivery: Seller means a person who sells or agrees to sell goods :
Specific goods" mean goods identified and agreed upon at the time a contract of sale is made:
Warranty" means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
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(2) A thing is deemed to be done "in good faith" within the meaning of this Ordinance when it is in fact done honestly, whether it is done negligently or not.
(3) A person is deemed to be insolvent within the meaning of this Ordinance who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not and whether he has been adjudged bankrupt or not.
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(4) Goods are in a deliverable state within the meaning of this Ordinance when they are in such a state that the buyer would, under the contract, be bound to take delivery of them.
PART I.
FORMATION OF THE CONTRACT.
Contract of Sale.
Agreement to sell.
8—(1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. There may be a contract of sale between one part owner and another.
(2) A contract of sale may be absolute or conditional.
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(3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale; but where the transfer of the property in the goods is to take place at a time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell.
(4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.