Page:United States Statutes at Large Volume 47 Part 1.djvu/1237

 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . 1213 and if not his residence ; but in case of a contract to se ll ora sa le of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that pl ace is the place of delivery. 2. Where by a contract to sell or a sale the seller is bound to se nd the goods to the buyer, but no t ime for se ndi ng th em is fixed, the seller is bound to se nd th em within a reasonable time. 3. Wher e the good s at the t ime of sal e are in the po ssess ion of a thir d per son, the s eller has not fulfilled his obligation to deliver to the buyer unle ss and unt il su ch th ird p erson ackn owled ges to the bu yer t hat he holds the goods on the buy er 's behalf ; but as against all othe rs th an the sel ler the bu yer s hall be re garde d as havin g rec eived deli very from the t ime w hen s uch t hird perso n fir st has notice of the sale. Nothing in this section, however, shall affect the operation of the issue or transfer of any document of title to goods. 4. Demand or tender of delivery may be tre at ed as ineffectual unless made at a reasonable hour. W hat is a reasonable hou r is a question of fact. 5. Unless otherwise agreed, the expenses of and incidental to put- tin g the good s int o a d elive rable stat e mus t be borne by the se ller. SEC. 640 . DELIVERY of WR ONG QUANTITY.-1 .• Where the seller ti ty .hen wrong quan- delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts or retains the goods so delivered, knowing that the seller is not going to per- form the contract in full, he must pay for them at contract rate. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full, the buyer shall not be liable for more than the fair value to him of the goods so received. 2 . Where the seller delivers to the buy er a quantity of goo ds larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole . If the bu yer accepts the whole of the goods so delivered he mus t pay for them at the con tract rate. 3 . Wher e the sell er de liver s to the b uyer the g oods he co ntrac ted to s ell mixed wit h goo ds of a different description not included in the contractt the buyer may accept the goods which are in accord- ance with the contract and rejec t the rest, or he may reject the whole. 4. The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between the parties. SEC. 641 . DELIVERY IN INSTALLMENTS .-1. Unless otherwise agreed, m Desivery in install- the buyer of goods is not bound to accept delivery thereof by installments. 2. Where th ere isa contract to se ll go ods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the bu yer neglects or re fu ses to take delivery of or pay for one or mo re in stall ments , it depen ds in each case on the te rms of the con- tract and the circumstances of the case whether the breach of contract is so material as to justify the injured party in refusing to proceed f urthe r and suin g for dama ges for br each of the ent ire c ontra ct, or whether the breach is severable, giving rise to a claim for compensa- tion, but not to a right to treat the whole contract as broken. SEC. 642. DEL IVE RY TO A CARRIER ON BEHALF OF THE BUYER .-1. To car rier. Where, in pursuance of a contract to se ll or a sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of