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Agreement
to sell at
valuation,

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

agreed, or may be determined by the course of dealing
between the parties.

(2) Where the price is not determined in accordance
with the foregoing provisions, (he buyer must pay a reason-
able price, What is a reasonable price is a question of fact
dependent on the circumstances of cach particular case.

11. (1) Where there is an agreement to sell goods on the
terms that the price is to be fixed by the valuation of a third
party, and such third party cannot or does not make such

Valuation, the agreement is avoided. Provided that if the
goods or any part thereof have been delivered to and appro-
priated by the buyer, he must pay a reasonable price therefor,

(2) Where such third party is prevented from making
the valuation by the fault of the seller or buyer, the party
not in fault may maintam an action for damages against
the party in fault.

Conditions and warrantics,

12. (1) Unless different intention appears from the
terms of the contract, sUpulations as to time of payment are
not deemed to be of the essence of a contract of sale,
Whether any other stipulation as to time is of the -ssence
of the contract or not depends on the terms of the contract.

(2) Inacontract of sale month = means primé facie
salendar month.

13. (1) Where a contract of sale is subject to any con-
dition to be fulfilled by the seller, the buyer may waive the
condition, or may elect to treat the breach of such condition
asa breach of warranty, and not asa ground for treating the
contract as repudiated.

(2) Whether a stipulation in a contract of sale is a
condition, the breach of which may give rise to a right to
treat the contract as repudiated, or a warranty, the breach
of which may give rise to a claim for damages but not to a
right to reject the goods and treat the contract as repudiated,
depends in each case on the construction of the contract.
A stipulation may be a condition, though called a warranty
in the contract.