SALES AND NOTICES. 277

(5) An implied warranty or condition as to quality or fit-
ness for a particular purpose may be annexed by the usage of
trade.

(6) An express warranty or condition does not negative a
warranty or condition implied under this Act, unless incon-
sistent therewith.

SEC. 34. In the case of a contract to sell or a sale by sam-
ple:

(a) There is an implied warranty that the bulk shall corre-
spond with the sample in quality.

(b) There is an implied warranty that the buyer shall have
a reasonable opportunity of comparing the bulk with the
sample, except so far as otherwise provided in Section 65 (3).

(c) If the seller is a dealer in goods of that kind, there is
an implied warranty that the goods shall be free from any
defect rendering them unmerchantable which would not be
apparent on reasonable examination of the sample.

CHAPTER II.

SEC. 35. Where there is a contract to sell unascertained
goods no property in the goods is transferred to the buyer, un-
less and until the goods are ascertained, but property in an
individual share of ascertained goods may be transferred as
provided in Section 24.

SEC. 36. (1) Where there is a contract to sell specific or
ascertained goods, the- property in them is transferred to the
buyer at such time as the parties to the contract intend it to be
transferred.

(2) For the purpose of ascertaining the, intention of the
parties, regard shall be had to the terms of the contract, the
conduct of the parties, usages of trade and the circumstances
of the case.

SEC. 37. Unless a different intention appears, the following
are rules for ascertaining the intention of the parties as to the
time at which the property in the goods is to pass to the buyer:

Rule 1. Where there is an unconditional contract to sell
specific goods, in a deliverable state, the property in the goods
passed to the buyer when the contract is made, and it is imma-
terial whether the time of payment, or the time of delivery,
or both, be postponed.

Rule 2. Where there is a contract to sell specific goods and
the seller is bound to do something to the goods for the pur-
pose of putting them into a deliverable state, the property does
not pass until such thing be done.

Rule 3. (1) When goods are delivered to the buyer "on
sale or return," or on other terms indicating an intention to-