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Session Laws, 1910 Session
Volume 487, Page 295   View pdf image (33K)
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SALES AND NOTICES. 295

"Fungible goods" means goods of which any unit is from its
nature or by mercantile usage treated as the equivalent of any
other unit.

"Future goods" means goods to be manufactured or acquired
by the seller after the making of the contract of sale.

"Goods" include all chattels personal other than things in
action or money. The term includes emblements, industrial
growing crops, and things attached to or forming a part of the
land which are agreed to be severed before sale or under the
contract of sale.

"Order" in sections of this Act relating to documents of title
means an order by indorsement on the document.

"Person" includes a corporation or partnership, or two or
more persons having a joint or common interest.

"Plaintiff" includes defendant asserting a right of set-off or
counterclaim.

"Property" means the general property in goods, not merely
a special property.

"Purchaser" includes a mortgagee or pledgee.

"Purchases" includes taking as a mortgagee or a pledgee.

"Quality of goods" includes their state or condition.

"Sale" includes a bargain and sale as well as a sale and de-
livery.

"Seller" means a person who sells or agrees to sell goods, or
any legal successor in the interest of such person.

"Specific goods" means goods identified and agreed upon at
the time a contract to sell or a sale is made.

"Value" is any consideration sufficient to support a simple
contract. An antecedent or pre-existing claim, whether for
money or not, constitutes value where goods or documents of
titles are taken either in satisfaction thereof or as security
therefor.

(2) A thing is done "in good faith" within the meaning of
this Act when it is in fact done honestly, whether it be done
negligently or not.

(3) A person is insolvent within the meaning of this Act
who either has ceased to pay his debts in the ordinary course
of business or can not pay his debts as they become due,
whether he has committed an act of bankruptcy or not, and
whether he is insolvent within the meaning of the federal bank-
ruptcy law or not.

(4) Goods are in a "deliverable state" within the meaning
of this Act when they are in such a state that the buyer would,
under the contract, be bound to take delivery of them.


 

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Session Laws, 1910 Session
Volume 487, Page 295   View pdf image (33K)
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