Page:United States Statutes at Large Volume 47 Part 1.djvu/1228

 1204 Poat, p. 1330. 72d CONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933 . Other obligations. SEC. 596. OT HE R OB LI GA TI ON S .-Other obliga tions are prescribed by Ante, pp. 1125-1178. chapters 2 to 26 of this code. SALE S OF GOO DS. CROes Ri sEx cm Compensatory relief, see sections 1597 et seq. CHAPTER 34.-SALES OF GOODS NorE .-Thi s cha pter w as deri ved fro m the Uniform Sales Act. ale sCont racts to sell and ,SEC. 597. CONTRACTS TO SELL AND SALES.-1. A contract to sell goods s . is a contract whereby the seller agrees to transfer. the property in good s to the b uyer for a considera tion calle d the pric e. 2 . A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price. 3 . A contract to sell or a sale may be absolute or conditional. 4. There may be a contract to sell or a sale between one part owner and another. Capacity ; liabilities ,SEC. 598 . CAPACITY ; LIABILITIES FOR NECESSARIES. Capacity t0 buy for necessaries. and sell is regulated by the general law concerning capacity to con- tract, and to transfer and acquire property. Where necessaries are sold and deliv ered to an infant, o r to a per son who by reason of mental incapac ity or drunkenness i s incompetent to con tract, 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 deliver. Fo rm sal e of contract or ,SEC. 599 . FORM OF CONTRACT OR SALE .-Subject to the provisions of . this chapter a nd of any statute in that beha lf, a cont ract to se ll or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and party by word of mouth, or may be inferred from the conduct of the parties. Statu te of frau ds. SEC. 600. STATUTE OF FRAUDS.-A contract to sell or a sale of any goods or chosen in action of the value of $50 or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or ch osen in act ion so con tra cted buyer be sold or sold, and actually rece ive the sa me, or giv e somethin g in earne st to bind the contr act, 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 agent in t hat behalf. 2 . The provisions of t his section apply to every such contract or sale, notwithstanding that the goods may be intended 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 manu- factured by the seller especially for the buyer and are not suitable for sale to ot hers in th e ordinary course of the selle r's busine ss, the provisions of this section shall not apply. "Acceptance " under. 3 . There is an acceptance of goods within the meaning of this sec- tion when the buyer, either before or after delivery of the goods expresses by words or conduct his assent to becoming the owner o those specific goods. CROS S REFEREN CE Ante, p. 1197 . What contracts must be written, in general, see section 541 . Existing and future ,SEC. 601 . EXISTING AND FUTURE GOODS.-1. The goods which form. goods • the subject of a contract to sell may be either existing goods, owned or - possess ed by the seller, or goods to be manufac tured or acquired by