SALES AND NOTICES. 275

SEC. 27. (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 par-
ties.

(2) The price may be made payable in any personal prop-
erty.

(3) Where transferring or promising to transfer any inter-
est in real estate constitutes the whole or part of the consider-
ation for transferring or for promising to transfer the property
in goods, this Act shall not apply.

(4) Where the price is not determined in accordance with
the foregoing provisions, the buyer must pay a reasonable
price. What is a reasonable price is a question of fact depend-
ent on the circumstances of each particular case.

SEC. 28. (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 Act.

SEC. 29. (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 con-
tract or sale, or he may waive performance of the condition.
If the other party has promised that the condition should hap-
pen 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.

SEC. 30. Any affirmation of fact or any promise by the
seller relating to the goods is an express warranty if the nat-
ural tendency of such affirmation 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 the
goods, nor any statement purporting to be a statement of the
seller's opinion only shall be construed as a warranty.