Page:United States Statutes at Large Volume 50 Part 1.djvu/58

75 TH CON GRES S, 1ST SESSION-CH . 43-MARCH 17, 1937 warranty or condition as to the quality or fitness for any particular purpose of goods s upplied un der a cont ract to se ll or a sa le, except as follows (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an im- plied 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 goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be merchantable quality . (3) If th e buyer has examined the goods, there is no implied war- rant y as regard s def ects which such exami natio n oug ht to have revealed . (4) In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose . (5) An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade . (6) An express warranty or condition does not negative a war- ranty or condition implied u nder this Act unless inconsist ent there- with. SALE BY SAMPLE SEC . 16. IMPLIED WARRANTIES IN SALE BY SAMPLE .-In the case of a contract to sell or a sale by sample- (a) There is an implied warranty that the bulk shall correspond with the sample in quality . (b) There is an implied warranty that the buyer shall have a rea- sonable opportunity of comparing the bulk with the sample, except so far as otherwise provided in section 47 (3) . (c) If the seller is a dealer in goods of that kind, there is an im- plied warranty that the goods shall be free from any defect render- ing them unmerchantable which would not be apparent on reasonable examination of the sample . PART II TRANSFER OF PROPERTY AS BETWEEN SELLER AND BUYER SEC . 17. No PROPERTY PASSES UNTIL GOODS ARE ASCERTAINED .-Where there is a contract to sell unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascer- tained, but property in an undivided share of ascertained goods may be transferred as provided in section 6 . SEC . 18. PROPERTY I N SPECI FIC GOODS PASSES WHEN PARTIES SO INTEND : (1) Where there is a contract to sell specific or ascertained g oods, the property i n them is transferre d to the b uyer at su ch time as the parties to the contract intend it to be transferred . (2 ) For the purpose of ascertaini ng the int ention of the partie s, 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 . 19 . RULES FOR ASCERTAINING INTENTION .-Unless a different 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 R u le 1 . Where there is an uncondi tional con tract to s ell specif ic goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial whether the t ime of pay ment, or t he time of delivery, or both, be postpon ed . 125151-37-3 Sale by sampl e . Implied warranties . Part II . Transfe r of prop erty as between seller and buyer . No property passes until g oods are ascer- tained . 33 Propert y in spec ific goods passes when parties so intend . Rules for ascertain. ing int ention .