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tract in full, the buyer shall not be liable for more than the
fair value to him of the goods so received.

(2) Where the seller delivers to the buyer a quantity of
goods larger than he contracted to sell, the buyer may accept
the goods included in the contract and reject the rest, or he
may reject the whole. If the buyer accepts the whole of the

goods so delivered, he must pay for them at the contract rate.

(3) Where the seller delivers to the buyer the goods he con-
tracted to sell mixed with goods of a different description not
included in the contract, the buyer may accept the goods which
are in accordance with the contract and reject the rest, or he
may reject the whole.

(4) The provisions of this section are subject to any usage

of trade, special agreement, or course of dealing between the
parties.

SEC. 63. (T) Unless otherwise agreed, the buyer of goods
is not bound to accept delivery thereof by installment.

(2) Where there is a contract to sell goods to be delivered
by stated installments, which are to be separately paid for,
and the seller makes defective deliveries in respect of one or
more installments, or the buyer neglects or refuses to take
delivery of or pay for one or more installments, it depends in
each case on the terms of the contract and the circumstances

of the case whether the breach of contract is so material as to
justify the injured party in refusing to proceed further and
suing for damages for breach of the entire contract, or whether
the breach is severable, giving rise to a claim for compensa-
tion, but not to a right to treat the whole contract as broken.

SEC. 64. (1) Where, in pursuance of a contract to sell or
a sale, the seller is authorized or required to send the goods to
the buyer, delivery of the goocls to a carrier, whether named
fty the buyer or not, for the purpose of transmission to the
buyer, is deemed to be a delivery of the goods to the buyer,
except in the cases provided for in Section 37, Rule 5, or
unless a contrary intent appears.

(2) Unless otherwise authorized by the buyer, the seller
must make such contract with the carrier on behalf of the
buyer as may be reasonable, having regard to the nature of the
goods and the other circumstances of the case. If the seller
omits so to do and the goods are lost or damaged in course of
transit, the buyer may decline to treat the delivery to the car-
Tier as a delivery to himself, or may hold the seller responsible
in damages.

(3) Unless otherwise agreed, where goods are sent by the
seller to the buyer under circumstances in which the seller
knows or ought to know that it is usual to insure, the seller