1918 SALES AND NOTICES. [ART. 83

1910, ch. 346, sec. 34 (p. 277).

37. In the case of a contract to sell or a sale by sample:

(a) There is an implied warranty that the bulk shall correspond
with the sample in quality.

(b) There is an implied warranty that the buyer shall have a rear
sonable opportunity of comparing the bulk with the sample, except
so far as otherwise provided in section 68 (3).

(c) If the seller is a dealer in goods of that kind, there is an implied
warranty that the goods shall be free from any defect rendering them
unmerchantable which would not be apparent on reasonable examina-
tion of the sample.

Chapter II.

1910, ch. 346, sec. 35 (p. 277).

38. Where there is a contract to sell unascertained goods no prop-
erty in the goods is transferred to the buyer, unless and until the goods
are ascertained, but property in an individual share of ascertained goods
may be transferred as provided in section 27.

1910. ch. 346, sec. 36 (p. 277).

39. (1) Where there is a contract to sell specific or ascertained
goods, the property in them is transferred to the buyer at such time
as the parties to the contract intend it to be transferred.

(2) For the purpose of ascertaining the intention of the parties,
regard shall be had to the terms of the contract, the conduct of the
parties, usages of trade and the circumstances of the case.

1910. ch. 346, sec. 37 (p. 277).

40. Unless a different intention appears, the following are rules
for ascertaining the intention of the parties as to the time at which the
property in the goods is to pass to the buyer:

Rule 1. Where there is an unconditional contract to sell specific
goods, in a deliverable state, the property in the goods passed to the
buyer when the contract is made, and it is immaterial whether the time
of payment, or the time of delivery, or both, be postponed.

Rule 2. Where there is a contract to sell specific goods and the seller
is bound to do something to the goods for the purpose of putting them
into a deliverable state, the property does not pass until such thing
be done.

Rule 3. (1) When goods are delivered to the buyer "on sale or
return," or on other terms indicating an intention to make a present
sale, but to give the buyer an option to return the goods instead of
paying the price, the property passes to the buyer on delivery, but he
may revest the property in the seller by returning or tendering the
goods within the time fixed in the contract; or, if no time has been
fixed, within a reasonable time.