1914 SALES AND NOTICES. [ART. 83

(either with or without seal), or by word of mouth, or partly in writ-
ing and partly by words of mouth, or may be inferred from the conduct
of the parties.

1910, ch. 346, sec. 22 (p. 273).

25. A contract to sell or a sale of any goods or choses in action
of the value of fifty dollars or upward shall not be enforceable by
action, unless the buyer shall accept part of the goods or choses in action
so contracted to be sold, or 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 or sale be signed
by the party to be charged or his agent in that behalf.

(2) The provisions of this section apply to every such contract or
sale, notwithstanding that the goods may be intended to be delivered
at some future time, or may not at the time of such contract or sale
be actually made, procured or provided, or fit or ready for delivery,
or some act may be requisite for the making or completing thereof, or
rendering the same fit for delivery; but if the goods are to be manu-
factured by the seller especially for the buyer and are not suitable for
sale to others in the ordinary course of the seller's business, the pro-
visions of this section shall not apply.

(3) There is an acceptance of goods within the meaning of this
section when the buyer, either before or after delivery of the goods,
expresses by words or conduct his assent to becoming the owner of
those specific goods.
Cf. sec. 69.

1910, ch. 346, sec. 23 (p. 273).

26. (1) The goods which form the subject of a contract to sell
may be either existing goods, owned or possessed by the seller, or goods
to be manufactured or acquired by the seller after the making of the
contract to sell, in this sub-title called "future goods."

(2) There may be a contract to sell goods, the acquisition of which
by the seller depends upon a contingency which may or may not happen.

(3) Where the parties purport to effect a present sale of future
goods, the agreement operates as a contract to sell the goods.

1910, ch. 346, sec. 24 (p. 273).

27. (1) There may be a contract to sell or a sale of an undivided
share of goods. If the parties intend to effect a present sale, the
buyer, by force of the agreement, becomes an owner in common with
the owner or owners of the remaining shares.

(2) In case of fungible goods there may be a sale of an undivided
share of a specific mass, though the seller purports to sell and the
buyer to buy a definite number, weight or measure of the goods in the
mass, and though the number, weight or measure of the goods in the
mass is undetermined. By such a sale the buyer becomes owner in