SALES AND NOTICES. 2715
actual possession of the goods until the document is surrendered to him
or impounded by the court.
See art. 14, sec. 24, and art. 14A, sec. 25.
An. Code, sec. 61. 1910, ch. 346, sec. 58 (p. 283).
61. A creditor whose debtor is the owner of a negotiable document
of title shall be entitled to such aid from courts of appropriate jurisdic-
tion, by injunction and otherwise, in attaching such document or in satis-
fying 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. 14A, sec. 26.
Chapter III.
An. Code, sec. 62. 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.
An. Code, sec. 63. 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.
An. Code, sec. 64. 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 goods 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. Nothing in this
section, however, shall affect the operation of the issue or transfer of any
document of title to the goods.
|
|