onds with the sample if these do not also correspond with the
description. The Sales Act contains elaborate provisions relating to
implied warranties of the quality of things sold. There is no implied
warranty of the quality or fitness of goods for any particular purpose
unless the buyer makes known to the seller the purpose for which they
are required, and he also relies on the seller's judgment of their
fitness for the use he intends to make of them. Again, if the buyer
has examined the goods there is no implied warranty of the defects
which such an examination ought to have revealed. An implied warranty
as to quality or fitness for a particular purpose may also be annexed
by the usage of trade. There is an implied warranty that the bulk
shall correspond with the sample in quality, and that the buyer shall
have a reasonable opportunity of comparing the bulk with the sample.
When does the transfer of ownership occur? When there is an
unconditional contract to sell them the property therein passes to the
buyer on the making of the contract, regardless of the time of payment
or delivery or both. When goods are delivered to the buyer "on sale or
return," giving the buyer an option to return them instead of paying
the price, the property passes to the buyer on delivery, but the
property may go back to the seller by returning or tendering the goods
within the time specified in the contract. When the goods are
delivered to the buyer on approval or on trial or other similar terms,
the property passes to the buyer, (1) when he signifies his approval
or acceptance of them, (2) or if he retains them beyond the time fixed
for their return, or if none has been fixed, beyond a reasonable time.
It is the duty of the seller to deliver the goods, and of the buyer to
accept and pay for them, in accordance with the terms of the contract
of sale. Unless otherwise agreed, delivery of the goods and payment of
the price are concurrent conditions, the seller, therefore, must be
ready and willing to give possession of the goods to the buyer in
exchange for the price, and the buyer must be willing and ready to pay
the price in exchange for the possession of the goods.
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
contract, or usage of trade to the contrary, the place of deliver
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