ART. 83] UNIFORM SALES ACT. 1915

common of such a share of the mass, as the number, weight or measure
bought bears to the number, weight or measure of the mass. If the
mass contains less than the number, weight or measure bought, the
buyer becomes the owner of the whole mass and the seller is bound to
make good the deficiency from similar goods, unless a contrary intent
appears.

See art. 14 A, sec. 23.

1910, ch. 346, sec. 25 (p. 274).

28. (1) Where the parties purport to sell specific goods, and the
goods, without the knowledge of the seller, have wholly perished at the
time when the agreement is made, the agreement is void.

(2) Where the parties purport to sell specific goods, and the goods,
without the knowledge of the seller, have perished in part or have
wholly or in a material part so deteriorated in quality as to be sub-
stantially changed in character, the buyer may, at his option, treat the
sale:

(a) As avoided; or

(b) As transferring the property in all of the existing goods, or in
so much thereof as have not deteriorated, and as binding the buyer to
pay the full agreed price if the sale was indivisible, or to pay the
agreed price for the goods in which the property passes if the sale
was divisible.

1910, ch. 346, sec. 26 (p. 274).

29. (1) Where there is a contract to sell specific goods, and sub-
sequently, but before the risk passes to the buyer, without any fault
on the part of the seller or the buyer, the goods wholly perish, the
contract is thereby avoided.

(2) Where there is a contract to sell specific goods, and subsequently,
but before the risk passes to the buyer, without any fault of the seller
or the buyer, part of the goods perish, or the whole or a material part
of the goods so deteriorate in quality as to be substantially changed in
character, the buyer may, at his option, treat the contract:

(a) As avoided; or

(b) As binding the seller to transfer the property in all of the exist-
ing goods or in so much thereof as have not deteriorated, and as bind-
ing the buyer to pay the full agreed price if the contract was indivisi-
ble, or to pay the agreed price for so much of the goods as the seller,
by the buyer's option, is bound to transfer if the contract was divisible.

1910. ch. 346, sec. 27 (p. 275).

30. (1) The price may be fixed by the contract, or may be left to
be fixed in such manner as may be agreed, or it may be determined by
the course of dealing between the parties.

(2) The price may be made payable in any personal property.