1926 SALES AND NOTICES. [ART. 83

1910, ch. 346, sec. 62 (p. 284).

65. (1) Where the seller delivers to the buyer a quantity of goods
less than he contracted to sell, the buyer may reject them; but if the
buyer accepts or retains the goods so delivered, knowing that the seller
is not going to perform the contract in full, he must pay for them at
the contract rate. If, however, the buyer has used or disposed of the
goods delivered before he knows that the seller is not going to per-
form his contract in full, the buyer shall not be liable for more than
the fair value to him of the goods so received.

(2) Where the seller delivers to the buyer a quantity of good's
larger than he contracted to sell, the buyer may accept the goods
included in the contract and reject the rest, or he may reject the whole.
If the buyer accepts the whole of the goods so delivered, he must pay
for them at the contract rate.

(3) Where the seller delivers to the buyer the goods he contracted
to sell mixed with goods of a different description not included in the
contract, the buyer may accept the goods which are in accordance with
the contract and reject the rest, or he may reject the whole.

(4) The provisions of this section are subject to any usage of trade,
special agreement, or course of dealing between the parties.

1910, ch. 346, sec. 63 (p. 285).

66. (1) Unless otherwise agreed, the buyer of goods is not bound
to accept delivery thereof by installment.

(2) Where there is a contract to sell goods to be delivered by stated
installments, which are to be separately paid for, and the seller makes
defective deliveries in respect of one or more installments, or the
buyer neglects or refuses to take delivery of or pay for one or more
installments, it depends in each case on the terms of the contract and
the circumstances of the case whether the breach of contract is so
material as to justify the injured party in refusing to proceed further
and suing for damages for breach of the entire contract, or whether
the breach is severable, giving rise to a claim for compensation, but
not to a right to treat the whole contract as broken.

1910, ch. 346, sec. 64 (p. 285).

67. (1) Wtere, in pursuance of a contract to sell or a sale, the
seller is authorized or required to send the goods to the buyer, delivery
of the goods to a carrier, whether named by the buyer or not, for the
purpose of transmission to the buyer, is deemed to be a delivery of the
goods to the buyer, except in the cases provided for in section 40, rule
5, or unless a contrary intent appears.

(2) Unless otherwise authorized by the buyer, the seller must make
such contract with the carrier on behalf of the buyer as may be reason-
able, having regard to the nature of the goods and the other circum-
stances of the case. If the seller omits so to do and the goods are lost
or damaged in course of transit, the buyer may decline to treat the