Page:United States Statutes at Large Volume 47 Part 1.djvu/1231

 72d C ONGRESS. SESS. II. CH. 128 . FEB RU ARY 27, 1933 . 1207 ti on and if the contract or sale be by sample, as we ll as by descrip- ti on, it is not sufficient tha t the b ulk of the goods corresponds w ith the sample if the goods do not also correspond with the description. SEC. 611. IMPLIED WARRANTIES OF QUALITY .-Subject to the provi- Q°I~mPyied Warrantiesof lions of this chapter and of any statute in that behalf, there is no imp li ed warranty or condition as to the qua li ty or fi tn ess for any par ti cul ar pu rp ose of goods supplied under a con tr act to sell or a sale, exce pt as foll ows 1. Where the buyer, expressly or by implication, makes known to the s eller the parti cular purp ose for wh ich the go ods are re quire d. and it appears that the b uyer relie s on the s eller 's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose. 2. Where the goods are bought by description from a seller who deals in g oods of th at de scrip tion (whet her he be the g rower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. 3. If the buy er has exa mi ned the goods, the re is no implied war - ranty as regards defects which such examination ought to have revealed. 4 . In the case of a contract to sell or a sale of a specified article und er its patent or oth er trade name, th ere is no imp li ed warranty as to its fitness for any particular purpose. 5. An im pl ied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. 6. An express warranty or condition do es not neg at ive a warranty or condition im pli ed under this chapter unless inconsistent therewith. SEC. 612. IMPLIED WARRANTIES IN SA LE BY SAMPLE .-In the ca se When sale by lam • of a contract to sell or a sale by sample : pie. (a) There is an implied warranty that the bu lk shall correspond with the sa mple in du ality. (b) There is an implied warranty that the buyer shall have a reasonable oppor tunity of comparing the bulk with the sample, except so far as otherwise provided in subdivision 3 of section 643 . rent, p. 1214. (c) If the selle r is a dea ler in goo ds of that kind , the re is an imp li ed warranty that the goods shall be fr ee fr om any defect ren- der ing t hem unmerchantable which wou ld not be apparent on reasonable examination of the sample. SEC . 613. NO PROPERTY PASSES UN TIL GOODS ARE ASCERTAINED .- No property passes Where there is a contract to sell unascertained goods no property in i ~n> goods are sleet• the goods is transferred to the buyer unless and until the goods are ascertained, but property in an undivided share of ascertained goods Ante, p .1ao5. may be tran sferr ed as prov ided in se ction 602 . EC. 614. PROPERTY IN SPE CI FIC GOODS PASSES WIIEN PA RTS SO Passing of property INTEND .- 1. Where there is a contract to sel l spe ci fic or ascertained spa~lfle goods' goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. 2. For the pu rpo se of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade, and the circumstances of the case. SEC. 615. RU LES FOR ASCERTAINING INTENTION .-Unless a different ingtntesent]on rtain- intention appears, the following are rules for ascertaining the inten- tion of the parties as to the time at which the property in the goods is to pass to the buyer : RULE 1. Where there is an unconditional contract to sell specific aoods, - in a deliverable stat e, th e pro perty in the goods passes to the uyer when the contract is made and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.