SALES AND NOTICES. 273

is incompetent to contract, he must pay a reasonable price

therefor.

Necessaries in this section mean goods suitable to the condi-
tion in life of such infant or other person, and to his actual
requirements at the time of delivery.

SEC. 21. Subject to the provisions of this Act and of any
statute in that behalf, a contract to sell or a sale may be made
in writing (either with or without seal), or by word of mouth,
or partly in writing and partly by words of mouth, or may be
inferred from the conduct of the parties.

SEC. 22. A contract to sell or a sale of any goods or choses
in action of the value of fifty dollars or upward shall not be
enforceable by action, unless the buyer shall accept part of the
goods or choses in action so contracted to be sold, or sold and
actually receive the same, or give something in earnest to bind
the contract, or in part payment, or unless some note or memo-
randum in writing of the contract or sale be signed by the
party to be charged or his agent in that behalf.

(2) The provisions of this section apply to every such con-
tract or sale, notwithstanding that the goods may be intended
to be delivered at some future time, or may not at the time of
«uch contract or sale be actually made, procured or provided,
or fit or ready for delivery, or some act may be requisite for
the making or completing thereof, or rendering the same fit for
delivery; but if the goods are to be manufactured by the seller
especially for the buyer and are not suitable for sale to others
in the ordinary course of the seller's business, the provisions

of this section shall not apply.

(3) There is an acceptance of goods within the meaning

of this section when the buyer, either before or after delivery
of the goods, expresses by words or conduct his assent to be-
coming the owner of those specific goods.

SEC. 23. (1) The goods which form the subject of a con-
tract to sell may be either existing goods, owned or possessed
by the seller, or goods to be manufactured or acquired by the
seller after the making of the contract to sell, in this Act called

"future goods."

(2) There may be a contract to sell goods, the acquisition

of which by the seller depends upon a contingency which may

or may not happen.

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

SEC. 24. (1) There may be a contract to sell or a sale of
fin undivided share of goods. If the parties intend to effect a
present sale, the buyer, by force of the agreement, becomes an