2704 ARTICLE 83.

(3) Where the parties purport to effect a present sale of future goods,
the agreement operates as a contract to sell the goods.

An. Code, sec. 27. 1910, ch. 346, sec. 24 (p. 273).

27. (1) There may be a contract to sell or a sale of an undivided
share of goods. If the parties intend to effect a present sale, the buyer,
by force of the agreement, becomes an owner in common with the owner or
owners of the remaining shares.

(2) In case of fungible goods there may be a sale of an undivided
share of a specific mass, though the seller purports to sell and the buyer
to buy a definite number, weight or measure of the goods in the mass, and
though the number, weight or measure of the goods in the mass is unde-
termined. By such a sale the buyer becomes owner in 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 simi-
lar goods, unless a contrary intent appears.
See art. 14A, sec. 23.

An. Code, sec. 28. 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 substantially
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.

An. Code, sec. 29. 1910, ch. 346, sec. 26 (p. 274).

29. (1) Where there is a contract to sell specific goods, and subse-
quently, 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 binding
the buyer to pay the full agreed price if the contract was indivisible, or