816

Contract of
sale for $58
and upwards
to bein
writing.

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

price. There may be a contract of sale between one part
owner and another.

(2) A contract of sale may be absolute or conditional.

(3) Where, under a contract of sale, the property in the
goods is transferred from the seller to the buyer, the
contract is called a sale; but where the transfer of the pro-
pert y in the goods is to take place at a future time or subject
to some condition thereafter to be fulfilled, the contract
is called an agreement to sell.

(4) An agreement to sell becomes a sale when the time
elapses, or the conditions are fulfilled subject to which the
property in the goods is to be transferred,

4. Capacity to buy and sell is regulated by the general
law concerning capacity to contract, and to transfer and
acquire property: Provided that where necessaries are sold
and delivered to an infant or to a person who, by reason of
mental incapacity or drunkenness, is incompetent to con-
tract, he must pay a reasonable price therefor.

Nece. caries 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 the sale and delivery.

Irormalitics of the contract.

5. Subject to the provisions of this Ordinance and of any
Ordinance in that behalf, a contract of sale may be made in
writing (cither with or without seal) or by word of mouth, or
pi artly i in writing and partly by word of mouth, or may be
imphed from the conduct of the parties; Provided that
nothing in this section shall affect the law relating to
corporations,

6. (1) A contract for the sale of any goods of the value of
forty-eight dollars or upwards shall not be enforceable by
action unless the buyer shall accept part of the goods so
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 be
made and signed by the party to be charged or Ins agent
in that behalf.