SALES AND NOTICES. 2705

to pay the agreed price for so much of the goods as the seller, by the
buyer's option, is bound to transfer if the contract was divisible.
See notes to sec. 39.

An. Code, sec. 30. 1910, ch. 346, sec. 27 (p. 275).

30. (1) The price may be fixed by the contract, or may be left to be
fixed in such manner as may be agreed, or it may be determined by the
course of dealing between the parties.

(2) The price may be made payable in any personal property.

(3) Where transferring or promising to transfer any interest in real
estate constitutes the whole or part of the consideration for transferring
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 rea-
sonable price is a question of fact dependent on the circumstances of each
particular case.

An. Code, sec. 31. 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.

An. Code, sec. 32. 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 performance
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 contract to
sell as a condition of the obligation of the buyer to perform his promise
to accept and pay for the goods.

An. Code, sec. 33. 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 affirma-
tion 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
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