CAP. 26]
[s. 28 cont.]
Duties of seller and buyer.
Payment and delivery are concurrent conditions.
Rules as to delivery.
Sale of Goods.
upon the back thereof the hour, day, month, and year when he received the same: Provided that no such writ shall prejudice the title to such goods acquired by any person in good faith and for valuable consideration, unless such person had, at the time when he acquired his title, notice that such writ, or any other writ by virtue of which the goods of the execution debtor might be seized or attached, had been delivered to and remained unexecuted in the hands of the bailiff.
(2) In this section, "bailiff" includes any officer charged with the enforcement of a writ of execution. [26
PART III.
PERFORMANCE OF THE CONTRACT.
29. It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
[27
30. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
[28
31. (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, the place of delivery is the seller's place of business, if he has one, and if not, his residence: Provided that, if the contract is for the sale of specific goods, which, to the knowledge of the parties when the contract is made, are in some other place, then that place is the place of delivery.
(2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.
444
CAP. 26]
[s. 28 cont.]
Duties of seller and buyer.
Payment and delivery are concurrent conditions.
Rules as to delivery.
Sale of Goods.
upon the back thereof the hour, day, month, and year when he received the same: Provided that no such writ shall prejudice the title to such goods acquired by any person in good faith and for valuable consideration, unless such. person had, at the time when he acquired his title, notice that such writ, or any other writ by virtue of which the goods of the execution debtor might be seized or attached, had been delivered to and remained unexecuted in the hands of the bailiff.
(2) In this section, "bailiff" includes any officer charged with the enforcement of a writ of execution. [26
PART III.
PERFORMANCE OF THE CONTRACT.
29. It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
[27
30. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
[28
31. (1). Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, the place of delivery is the seller's place of business, if he has one, and if not, his re- sidence: Provided that, if the contract is for the sale of specific goods, which, to the knowledge of the parties when the contract is made, are in some other place, then that place is the place of delivery.
(2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for send- ing them is fixed, the seller is bound to send them within a reasonable time.
444
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