Page:United States Statutes at Large Volume 47 Part 1.djvu/1244

 1220 '2d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . the time of delivery to the buyer and the value they would have had if they had answered to the warranty. Interest and special SEC. 666 . INTEREST AND SPECIAL DAMAOES .-Nothing in this chapter damages' shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed. Variation of implied ,SEC. 667. VARIATION OF IMPLIED OBLIGATIONS .-Where any right, obbgatlonso duty, or liability would arise under a contract to sell or a sale by implication of law, it may be negatived, or varied by express agree- ment or by the course of dealing between the parties, or by customs, if the custom be such as to bind both parties to the contract or the sale. rig •E ifore emen t of ,SEC. 668. RIGHTS MAY BE ENFORCED BY ACTION.-Where any right, duty, or liab ility is decla red b y thi s ch apter s it may, unless otherwise by this cha pter provided, b e enforced by ac tion. Rule forror cases not SEC. 669. RULE FOR CASES NOT PROVIDED FOR BY THIS CHAPTER .-In proviaea . any case not provided for in this chapter, the rules of law and equity, including the .law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepre- sentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts to sell and sales of goods. Provisions not ap- SEC. 670. PR OVI SI ONS NOT APPLICABLE TO MORTGAGES .-The rovi- pllca ble to mortga ges. sions of this chapter relating to contracts to sell and to saes do not apply, unles s so stated, to any transaction in the form of a con- tract to sell or a sale which is intended to operate by way of mort- gage, pledge, ch arge, or other s ecurity. Definitions. SEC. 671. DEFINITIONS.-1. In this chapter, unless the context or subject matter otherwise requires " Action" includes counterclaim, set-off, and suit in equity. "Buyer" means a person who buys or agrees to buy goods or any legal successor in interest of such person. " Defendant" includes a plaintiff against whom a right of set-off or counterclaim is asserted. "Delivery" means voluntary transfer of possession from one per- son to an oth er. "Divisible contract to sell or sale" means a contract to sell or a, sale in which by its terms the price for a portion or portions of the goods less th an the whole is fixed or ascertainable by computation. "Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any othe r docume nt used in the o rdinary course of busines s in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, goods represen ted by s uch docu ment. "Fault' means wrongful act or default . "Fungible goods" means goods of which any unit is from its nature or by mercantile usage treated as the equivalent of any other unit. "F uture goods" means goods to be m anufac tured or acquired by the seller after the making of the contract of sale . " Good s" includes all chattels persona l other than thi ngs 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 . " Ord er" in sections of this chapter relating to docu ments of title means an order by indorsement on the document.