2726 ARTICLE 83.

An. Code, sec. 97. 1910, ch. 346, sec. 94 (p. 294).

97. (1) In this sub-title, unless the context or subject matter other-
wise requires—

" Action " includes counterclaim, set-off and suit in equity.

" Buyer " means a person who buys or agrees to buy goods, or any .legal
successor in interest of such person.

" Defendant" includes a plaintiff against whom a right of set-off or
counterclaim is asserted.

" Delivery " means voluntary transfer of possession from one person to
another.

" Divisible contract to sell or sale " means a contract to sell or a sale in
which by its terms the. price for a portion or portions of the goods less
than the whole is fixed or ascertainable by computation.

" Document of title to goods " includes any bill of lading, dock war-
rant, warehouse receipt or order for the delivery of goods, or any other
document used in the ordinary course of business in the sale or transfer
of goods, as proof of the possession or control of the goods, or authorizing
or purporting to authorize the possessor of the document to transfer or re-
ceive, either by indorsement or by delivery, goods represented by such
document.

" Fault " means wrongful act or default.

" Fungible goods " means goods of which any unit is from its nature
or by mercantile usage treated as the equivalent of any other unit.

" Future goods " means goods to be manufactured or acquired by the
seller after the making of the contract of sale.

" Goods " include all chattels personal other than things in action or
money. The term includes emblements, industrial growing crops, and
things attached to or forming a part of the land which, are agreed to be
severed before sale or under the contract of sale.

" Order" in sections of this sub-title relating to documents of title
means an order by indorsement on the document.

" Person " includes a corporation or partnership, or two or more per-
sons having a joint or common interest.

" Plaintiff" includes defendant asserting a right of set-off or counter-
claim.

" Property " means the general property in goods, not merely a special
property.

" Purchaser " includes a mortgagee or pledgee.

" Purchases" includes taking as a mortgagee or a pledgee.

" Quality of goods " includes their state or condition.

" Sale " includes a bargain and sale as well as a sale and delivery.

" Seller " means a person who sells or agrees to sell goods, or any legal
successor in the interest of such person.

" Specific goods " means goods identified and agreed upon at the time a
contract to sell or a sale is made.

" Value " is any consideration sufficient to support a simple contract.
An antecedent or pre-existing claim, whether for money or not, constitutes
value where goods or documents of titles are taken either in satisfaction
thereof or as security therefor.