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[Substitute for House Bill No. 519.)

CHAPTER 210.

An Act concerning the Salaries of the Chief Clerks of the
Treasurer and of the Secretary of the State and

of the Comptroller.

clerks.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

SECTION 1. The annual salary of the chief clerk of the salaries of chief secretary of the state and of the chief clerk of the treasurer and of the chief clerk of the comptroller shall be two thousand dollars each. The compensation of any clerk of the secretary other than the chief clerk and the assistant clerks whose salaries are now prescribed by law shall be at a rate not exceeding three dollars per day while necessarily and actually employed.

SEC. 2. So much of section 4811 of the general statutes Repeal. as is inconsistent herewith is hereby repealed.

Approved, July 11, 1907.

[Substitute for House Bill No. 738.]

CHAPTER 211.

An Act amending an Act concerning Regulations concerning

Dangerous Oils.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

SECTION 1. No person shall sell or give away for use in Legal test for oil. this state in wick lamps or wick stoves oil or liquid product of petroleum of any kind standing less than one hundred and ten degrees Fahrenheit flash test or one hundred and forty degrees Fahrenheit fire test, both of said tests to be determined by the use of C. J. Tagliabue’s or some other approved open test cup method, and either of said tests shall be the legal test.

Sec. 2. Any person desiring an inspection of any oil or oil, how tested. liquid product of petroleum intended for use in wick lamps or wick stoves may apply to the state board of health for an inspection of the same, and said board may cause such inspection to be made under such rules and regulations as said board may formulate; the expense of said inspection shall be paid in accordance with the rules of said board. Said board may at any time inspect any allotments of such oil or liquid, and, if the

Penalty.

same be found to be below the test provided in this act, shall notify the proper prosecuting officer.

Sec. 3. Any person who shall violate any of the provisions of this act shall be fined not more than three hundred dollars, or imprisoned not more than two years, or both.

Sec. 4. All acts and parts of acts inconsistent herewith are hereby repealed.

Approved, July 11, 1907.

[House Bill No. 776.]

CHAPTER 212.

An Act concerning the Sale of Goods.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

PART I.

CONTRACTS TO SELL AND SALES.

SECTION 1. Definition. A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price. A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price. A contract to sell or a sale may be absolute or conditional. There

may

be a contract to sell or a sale between one part owner and another.

Sec. 2. Capacity -- Liability for Necessaries. Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property. Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, 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 delivery.

SEC. 3. Form of Contract or Sale. Subject to the provisions of this act and of any statute in that behalf, a contract to sell or a sale may be made in writing, either with or without seal, or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties.

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SEC. 4. Statute of Frauds. A contract to sell or a sale of any goods or choses in action of the value of one hundred dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, 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 that behalf. The provisions of this 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 manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply. There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.

Sec. 5. Existing and Future Goods. The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this act called “future goods.” There may be a contract to sell goods, the acquisition of which by the seller depends upon a contingency which may or may not happen. Where the parties purport to effect a present sale of future goods, the agreement operates as a contract to sell the goods. SEC. 6. Undivided Shares. There

may

be a contract to sell or a sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agreement, becomes an owner in common with the owner or owners of the remaining shares. In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight, or measure of the goods in the mass, and though the number, weight, or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight, or measure bought bears to the number, weight, or measure of

If the mass contains less than the number, weight, or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from similar goods unless a contrary intent appears.

SEC. 7. Destruction of Goods Sold. Where the parties purport to sell specific goods, and the goods, without the knowledge of the seller, have wholly perished at the time when the agreement is made, the agreement is void. Where the parties purport to sell specific goods, and the goods, without the knowledge of the seller, have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may, at his option, treat the sale (a) as avoided, or (b) as transferring the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the sale was indivisible or to pay the agreed price for the goods in which the property passes if the sale was divisible.

Sec. 8. Destruction of Goods Contracted to be Sold. Where there is a contract to sell specific goods and subsequently, but before the risk passes to the buyer, without any fault on the part of the seller or the buyer, the goods wholly perish, the contract is thereby avoided. Where there is a contract to sell specific goods and subsequently, but before the risk passes to the buyer, without any fault of the seller or the buyer, part of the goods perish or the whole or a material part of the goods so deteriorate in quality as to be substantially changed in character, the buyer, may, at his option, treat the contract (a) as avoided, or (b) as binding the seller to transfer the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the contract was indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyer's option, is bound to transfer if the contract was divisible. SEC. 9.

Definition and Ascertainment of Price. The price may be fixed by the contract, or may be left to be fixed in such manner as may be agreed, or it may be determined by the course of dealing between the parties. The price may be made payable in any personal property. Where transferring or promising to transfer any interest in real estate constitutes the whole or part of the consideration for transferring or for promising to transfer the property in goods, this act shall not apply. Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.

Sec. 10. Sale at a Valuation. Where there is a contract to sell or a sale of goods at a price or on terms to be fixed by a third person, and such third person, without fault of the seller or the buyer, can not or does not fix the price or terms, the contract or the sale is thereby avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor. Where such third person is prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed by parts IV and V of this act.

SEC. 11. Effect of Conditions. Where the obligation of either party to a contract to sell or a sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or sale or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first-mentioned party may also treat the non performance of the condition as a breach of warranty. Where the property in the goods has not passed, the buyer may treat the fulfilment by the seller of his obligation to furnish goods as described and as warranted expressly or by implication in the contract to sell as a condition of the obligation of the buyer to perform his promise to accept and pay for the goods.

Sec. 12. Definition of Express Warranty. Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.

SEC. 13. Implied Warranties of Title. In a contract to sell or a sale, unless a contrary intention appears, there is (1) an implied warranty on the part of the seller that in the case of a sale he has a right to sell the goods, and that in the case of a contract to sell he will have a right to sell the goods at the time when the property is to pass, (2) an implied warranty that the buyer shall have and enjoy quiet possession of the goods as against any lawful claims existing at the time of the sale, (3) an implied warranty that the goods shall be free at the time of the sale from any charge or incumbrance in favor of any third person, not declared or known to the buyer before or at the time when the contract or sale is made. This section shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, or other person professing to sell, by virtue of authority in fact or law, goods in which a third person has a legal or equitable interest.

SEC. 14. Implied Warranty in Sale by Description. Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall corre

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