826

Delivery by
instalments.

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

 

(2) Where, under the contract of sale, the seller is
bound to send the goods to the buyer, but no time for
sending them is fixed, the seller is bound to send them within
a reasonable time.

(3) Where the goods at the time of sale are in the
possession ofa third person, there is no delivery by seller to
buver unless and until such third person acknowledges to the
buyer that he holds the goods on his behalf:

Provided that nothing in this section shall affect the
operation of the issue or transfer of any document of title
to goods.

(+) Demand or tender of delivery may be treated as
ineffectual unless made at a reasonable hour. What is a
reasonable hour is a question of fact.

(5) Unle. otherwise agreed, the expenses of and
incidental to putting the goods into a deliverable state
must be borne by the seller.

31. (1) Where the seller delivers to the buyer a quantity
of goods less than he contracted to sell, the buyer may reject
them, but if the buyer accepts the goods so delivered he
must pay for them at the contract rate.

(2) Where the seller delivers to the buyer a quantity
of goods Targer than he contracted to sell, the buyer may
accept the goods included in the contract and reject the
rest, or he may reject the whole. If the buyer accepts the
whole of the goods so delivered he must pay for them at the
contract tate.

(3) Where the seller delivers to the buyer the goods
he contracted to sell mixed with goods of a different des-
cription not included in the contract, the buyer may accept
the goods which are in accordance with the contract and
reject the rest, or he may reject the whole.

(4+) The provisions of this section are subject to any
usage of trade, special agreement, or course of dealing
between the parties.

32. (1) Unless otherwise agreed, the buyer of goods is not
bound to accept delivery thereof by instalments