Sale of Goods. [Ch. 31. No. 9.

ments, 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;

“ plaintiff ’’ includes defendant counterclaiming ;

“property ’’ means the general property in goods,
and not merely a special property;

“ quality of goods ”’ includes their state or condition,

“sale ’’ includes a bargain and sale, as well as a sale
and delivery ;

seller ’’ means a person who sells or agrees to sell
goods;

“ specific goods means goods identified and agreed
upon at the time a contract of sale is made;

“ warranty ’’ means an agreement with reference to
goods which are the subject of a contract of sale, but
collateral to the main purpose of such contract, the
breach of which gives rise to a claim for damages but
not to a right to reject the goods and treat the contract
as repudiated.

(2) A thing is deemed to be done “in good faith
within the meaning of this Ordinance when it is in fact done
honestly, whether it be done negligently or not.

(3) A person is deemed to be insolvent within the
meaning of this Ordinance who either has ceased to pay his
debts in the ordinary course of business or cannot pay his
debts as they become due, whether he has committed an
act of bankruptcy or not.

(4) Goods are in a deliverable state within the
meaning of this Ordinance when they are in such a state that
the buyer would under the contract be bound to take delivery
of them.

PART I.
FORMATION OF THE CONTRACT.
Contract of sale.

3. (1) A contract of sale of goods is a contract whereby
the seller transfers or agrees to transfer the property in
goods to the buyer for a money consideration, called the

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Sale and
agrecinent
to sell.