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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1907 Excerpt:... Stat. Frauds, § 293. As the rules of law applicable to barter are the same aS those applicable to sale, it seemed, desirable to bring cases of barter within the meaning of sale in this draft. On the other hand, different principles are often applicable where a bargain concerns real estate and such cases are, therefore, expressly excluded by sub-section (3). Section 10.--SALE AT A VALUATION. (1.) Where there is a contract to sell or a sale of floods 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 Parts IV and V of this act. Slightly varied from Section 9 of the English Act. CONDITIONS AND WARRANTIES. Section 11.--EFFECT OF CONDITIONS. (1.) Where the obligation 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 contract or sale or he may waive performance of the condition. If the other party has promised that the condition should happen 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 condit...