1916 SALES AND NOTICES. [ART. 83

(3) Where transferring or promising to transfer any interest in
real estate constitutes the whole or part of the consideration for trans-
ferring or for promising to transfer the property in goods, this sub-
title shall not apply.

(4) Where the price is not determined in accordance with the fore-
going provisions, the buyer must pay a reasonable price. What is a
reasonable price is a question of fact dependent on the circumstances
of each particular case.

1910, ch. 346, sec. 28 (p. 275).

31. (1) Where there is a contract to sell or a sale of goods at a
price or on terms to be fixed by a third person, and such third person,
without fault of the seller or the buyer, can not or does not fix the
price or terms, the contract or the sale is thereby avoided; but if the
goods or any part thereof have been delivered to and appropriated by
the buyer, he must pay a reasonable price therefor.

(2) Where such third person is prevented from fixing the price or
terms by fault of the seller or the buyer, the party not in fault may
have such remedies against the party in fault as are allowed by chapters
4 and 5 of this sub-title.

1910, ch. 346, sec. 29 (p. 275).

32. (1) Where the obligations of either party to a contract to sell
or a sale is subject to any condition which is not performed, such party
may refuse to proceed with the contract or sale, or he may waive per-
formance of the condition. If the other party has promised that the
condition should happen or be performed, such first-mentioned party
may also treat the non-performance of the condition as a breach of
warranty.

(2) Where the property in the goods has not passed, the buyer may
treat the fulfillment by the seller of his obligation to furnish goods as
described and as warranted expressly or by implication in the con-
tract to sell as a condition of the obligation of the buyer to perform
his promise to accept and pay for the goods.

1910, ch. 346. sec. 30 (p. 275).

33. Any affirmation of fact or any promise by the seller relating
to the goods is an express warranty if the natural tendency of such
affirmation or promise is to induce the buyer to purchase the goods,
and if the buyer purchases the goods relying thereon. No affirmation
of the value of the goods, nor any statement purporting to be a state-
ment of the seller's opinion only shall be construed as a warranty.

1910, ch. 346, sec. 31 (p. 276).

34. In a contract to sell or a sale, unless a contrary intention
appears, there is:

(1) An implied warranty on the part of the seller that in case of a
sale he has a right to sell the goods, and that in case of a contract to