Page:United States Statutes at Large Volume 50 Part 1.djvu/64

 75TH CONGRESS, 1sT SESSION-CH. 43-MARCH 17, 1937 39 SEC. 43. PLACE, TIME, AND MANNER OF DELIVERY .-(1) Whether it Place, of time, and is for the buyer to take possession of the goods or for the seller to manne r delivery. 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, or usage of trade to the contrary, the place of delivery is the seller's place of business if he have one, and if not his residence ; but in case of a contract to sell or a sale 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 place is the place of delivery. (2) Where by a contract to sell or a 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. (3) Where the goods at the time of sale are in the possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to the buyer that lie holds the goods on the buyer's behalf ; but as against all others than the seller the buyer shall be regarded as hav- ing received delivery from the time when such third person first 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 treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. SEC. 44. DELIVERY OF WRO NG QUANTITY .-(1) Where the seller Delivery of wrong delivers to the buyer a quantity of goods less than he contracted to quantity. 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 the 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 buyer a quantity of goods 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 buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in a ccord- ance with the contract and reject 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. 45. DELIVERY IN INSTALLMENTS .-(1) Unl ess o therwi se ag reed, meDe very in install- SEC. buyer of goods is not bound to accept delivery ther eof by installments. (2) Where there is a contract to sell goods 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 install- ments, or the buyer neglects or refuses to make delivery of or pay for one or more installments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire