THEODORE R. MCKELDIN, GOVERNOR                    303

other document used in the ordinary course of business in the sale or
transfer of goods, as proof of the possession or control of the goods
or authorizing or purporting to authorize the possessor of the docu-
ment to transfer or receive, either by indorsement or by delivery,
goods represented by such document.

"Fault" means wrongful act or default.

"Fungible goods" means goods of which any unit is from its na-
ture 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 sub-title 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.
"Purchasers" 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 delivery
and also the serving or providing of food for human consumption by
any caterer, or by any restaurant, hotel, boarding house, dining room
or any other eating establishment.

"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 con-
tract. 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.

SEC.2. And be it further enacted, That this Act shall take effect
June 1, 1958.

Approved April 4, 1958.