SALES AND NOTICES 3169

An. Code, 1924, sec. 91. 1912, sec. 91. 1910, ch. 346, sec. 88 (p. 293).

88. Nothing in this sub-title shall affect the right of the buyer or the
seller to recover interest or special damages in any case where by law
interest or special damages may be recoverable, or to recover money paid
where the consideration for the payment of it has failed.

Chapter VI.

An. Code, 1924, sec. 92. 1912, sec. 92. 1910, ch. 346, sec. 89 (p. 294).

89. Where any right, duty or liability would arise under a contract
to sell or a sale by implication of law, it may be negatived or varied by
express agreement or by the course of dealing between the parties, or by
custom, if the custom be such as to bind both parties to the contract or the
sale.

An. Code, 1924, sec. 93. 1912, sec. 93. 1910, ch. 346, sec. 90 (p. 294).

90. Where any right, duty or liability is declared by this sub-title, it
may, unless otherwise by this sub-title provided, be enforced by action.

An. Code, 1924, sec. 94. 1912, sec. 94. 1910, ch. 346, sec. 91 (p. 294).

91. In any case not provided for in this sub-title, the rules of law and
equity, including the law merchant, and in particular the rules relating
to the law of principal and agent, and to the effect of fraud, misrepresenta-
tion, duress or coercion, mistake, bankruptcy or other invalidating cause,
shall continue to apply to contracts to sell and to sales of goods.

An. Code, 1924, sec. 95. 1912, sec. 95. 1910, ch. 346, sec. 92 (p. 294).

92. This sub-title shall be so interpreted and construed as to effectuate
its general purpose to make uniform the laws of those states which enact it.

An. Code, 1924, sec. 96. 1912, sec. 96. 1910, ch. 346, sec. 93 (p. 294).

93. The provisions of this sub-title relating to contracts to sell and to
sales do not apply, unless so stated, to any transaction in the form of a con-
tract to sell or a sale which is intended to operate by way of mortgage,
pledge, charge or other security.

An. Code, 1924, sec. 97. 1912, sec. 97. 1910, ch. 346, sec. 94 (p. 294).

94. (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