ART. 83] UNIFORM SALES ACT. 1925

diction, by injunction and otherwise, in attaching such document or
in satisfying the claim by means thereof, as is allowed at law or in
equity in regard to property which can not readily be attached or
levied upon by ordinary legal process.

See art. 14, sec. 25, and art. 14 A, sec. 26.

Chapter III.

1910, ch. 346, sec. 59 (p. 284).

62. 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 to sell or sale.

1910, ch. 346, sec, 60 (p. 284).

63. Unless otherwise agreed, delivery of the goods and payment of
the price are concurrent conditions; that is to say, the seller must be
ready and willing to give possession of the goods to the buyer in
exchange for the price, and the buyer must be ready and willing to
pay the price in exchange for possession of the goods.

1910, ch. 346, sec. 61 (p. 284).

64. (1) 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 any such contract, express or implied, or usage of trade
to the contrary, the place of delivery is the seller's place of business
if he have one, and if not, his residence; but in case of a contract to
sell or a sale of specific goods, which to the knowledge of the parties
when the contract or the sale was made were in some other place, then
that place is the place of delivery.

(2) Where by a contract to sell or a sale the seller is bound to send
the goods to the buyer, but no time for sending them is fixed, the
seller is bound to send them within a reasonable time.

(3) Where the goods at the time of sale are in the possession of a
third person, the seller has not fulfilled his obligation to deliver to the
buyer unless and until such third person acknowledges to the buyer
that he holds the good's on the buyer's behalf; but as against all others
than the seller, the buyer shall be regarded as having received delivery
from the time when such third person first has notice of the sale. Noth-
ing in this section, however, shall affect the operation of the issue or
transfer of any document of title to the goods.

(4) Demand or tender of delivery may be treated as ineffectual
unless made at a reasonable hour. What is a reasonable hour is a ques-
tion of fact.

(5) Unless otherwise agreed, the expenses of and incidental to put-
ting the good's into a deliverable state must be borne by the seller.