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

to the Marshal to be executed; and, for the better mani-
festation of such time, it shall be the duty of the Marshal,
without fee, upon the receipt of any such writ to endorse
upon the back thereof the hour, day, month, and year when
he received the same:

Provided that no such writ shall prejudice the title to such
goods acquired by any person in good faith and for valuable
consideration, unless such person had, at the time when he
acquired his title, notice that such writ or any other writ
by virtue of which the goods of the execution debtor might
be seized or attached had been delivered to and remained
unexecuted in the hands of the Marshal.

(2) In this section the term “ Marshal ”’ includes any
officer charged with th enforcement of a writ of execution.

PART ITI.
PERFORMANCE OF THE CONTRACT.

28. It is the duty of the seller to deliver the goods, and
the buyer to accept and pay for them, in accordance with
the terms of the contract of sale.

29. Unless otherwise agreed, delivery of the goods and
payment of the price are concurrent conditions, that is to
say, the seller must be ready and willing to give possession
of the goods to the buyer in exchange for the price, and the
buyer must be ready and willing to pay the price in exchange
for possession of the goods.

30. (1) Whether it is for the buyer to take possession of
the goods or for the seller to send them to the buyer is a
question depending in each case on the contract, express
or implied, between the parties. Apart from any such
contract, express or implied, the place of delivery is the
seller's place of business, if he has one, and if not, his
residence:

Provided that if the contract be for the sale of specific
goods which, to the knowledge of the parties when the
contract is made, are in some other place, then that place
is the place of delivery.

825

Duties of
seller and
buyer.

Payment
and delivery
are con-
current
conditions.

Rules as to
delivery.