SALE OF GOODS.
No. 4 of 1896.
699
mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Ordinance or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.
(4) The provisions of this Ordinance relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
62. In this Ordinance,
(1)—(a) “Action" includes suit, counterclaim, and set-off. (b) "Buyer" means a person who buys or agrees to buy goods.
(c) "Contract of sale" includes an agreement to sell as well as a sale.
(d) "Delivery" means voluntary transfer of possession from one person to another.
(e) "Document of title to goods" includes any bill of lading, dock warrant, warehouse keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.
(f) "Fault" means wrongful act or default.
(g) "Future goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale.
(h) "Goods" include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
(i) "Plaintiff" includes a defendant counterclaiming.
(j) "Property" means the general property in goods, and not merely a special property.
Interpreta-tion.