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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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Same — To goods sold from mass. — See 9 A. C. 26.



§ 1722. SUBJECT OF SALE. The subject of sale must be
property, the title to which can be immediately transferred
from the seller to the buyer.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

97 C. 70, 71, 31 P. 733 (construed and applied); 6 C. A. 152,
158, 91 P. 667 (what is not a sale but a contract to convey at
a future period — contract to will property).

954



i



Tit.I,ch.I,art.II.] AGREEMENT FOR. §§1726,1727

As to many miscellaneous matters as to sales, see note § 1721,

ante. , r-i n' r^

As to permitting vendor to perfect title, see Kerr s Cyc C. C.

§ 1731 and note par. 189. . .

Assignment by seller of contract to sell— Title authonzmg
sale not conferred.— See Kerr's Cyc. C. G. § 1721 and note par. 7.

Goods to be acquired— Sale of.— See 4 L. 398-400.

Sale of stolen property or property obtained by fraud.— bee

What property may be subject of sale.— See Kerr's Cyc. C. C.
§ 1730 and note.



ARTICLE II.

AGREEMENT FOR SALE.

§ 1726. Agreement for sale.

§ 1727. Agreement to sell.

§ 1728. Agreement to buy.

§ 1729. Agreement to sell and buy.

§ 1730. What may be the subject of the contract.

§ 1731. Agreement to sell real property.

§ 1732. Form of grant required by such contract [repealed].

§ 1733. Usual common-law covenants required by such contracts,

when.

§ 1734. Form of such covenants.

§ 1726. AGREEME^^T FOR SALE. An agreement for sale
is either :

1. An agreement to sell;

2. An agreement to buy; or,

3. A mutual agreement to sell and buy.

History: Enacted March 21, 1872.

87 C. 49, 54, 25 P. 249, 250 (referred to); 95 C. 134, 137, 29
A. S. 101, 30 P. 202, 203 (commissioners' decision), 27 P. 286,

287 (referred to). 01-01

As to many miscellaneous matters as to sales, see note ^ l<-i.

ante.

§ 1727. AGREEMENT TO SELL. An agreement to sell is
a contract by which one engages, for a price, to transfer to
another the title to a certain thing.

History: Enacted March 21, 1872.
955



§ 1728 CIVIL CODE. [Div.III.Pt.IV.

See Kerr's Cyc. C. C. for 37 pars, annotation.

74 C. 376, 379, 16 P. 194, 195 (cited); 95 C. 134, 137, 29 A. S.
101, 30 P. 202, 203 (commissioners' decision), 27 P. 286, 287
(cited); 98 C. 377, 380, 33 P. 266, 267 (construed); 147 C. 747.
749, 82 P. 426 (cited — sale, whetlier absolute or conditional).

As to many miscellaneoiis matters as to sales, see note § 1721,
ante.

As to mode and requisites of acceptance, see Kerr's Cyc. C. C.
§§ 1580 - i.^Sil and notes.

As to nature of contract upon call being- made, see Kerr's
Cyc. C. C. § 1729 and note par. 2.

As to necessity for delivery as against creditors, see Kerr's
Cyc. C. § 3440 and note.

As to options, see Kerr's Cyc. C. C. § 1727, note pars. 32, 36
this note.

As to revocation of proposal, see Kerr's Cyc. C. C. § 1586
and note.

Agreement to buy at option of seller. — See Kerr's Cyc. C. C.
§ 1729 and note par. 6.

Assignment by seller of contract to sell — Effect of. — See
Kerr's Cyc. C. C. § 1721 and note par. 7.

Damages for breach of agreement to sell. — See Kerr's Cyc.
C. C. §§3308, 3309. and notes.

Distinction between various contracts. — See Kerr's Cyc. C. C.
§ 1721 and note pars. 15-37.

Rescission of contract.— See Kerr's Cyc. C. C. §§ 1688-1691
and notes.

Rights conferred by "refusal" or "option." — See 21 L. 127-133.



§ 1728. AGREEMENT TO BUY. An agreement to buy is a
contract by which one engages to accept from another, and
pay a price for the title to a certain thing.

Histt.ry: Enacted March 21, 1872.

95 C. 134, 137, 29 A. S. 101, 30 P. 202, 203 (commissioners'
decision), 27 P. 286, 287 (referred to).

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Countermand of order mailed by buyer. — See Kerr's Cyc. C.
C. § 1727 and note par. 21.

Damages for breach of agreement. — See Kerr's Cyc. C. C.
§§ 3310, 3311 and notes.

Options. — See Kerr's Cyc. C. C. § 1727 and note pars. 32-36.

Rescission of contract. — See Kerr's Cyc. C. C. §§ 1688-1691 and
notes.

956



Tit.I,ch.I,art.II.] WHAT may be sold. §§ 1729-1731

§ 1729. AGREEMENT TO SELL AND BUY. An agreement
to sell and buy is a contract by which one engages to trans-
fer the title to a certain thing to another, who engages to
accept the same from him and to pay a price therefor.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

63 C. 575, 577 (referred to); 87 C. 49, 54, 25 P. 249, 250 (cited);
95 C 134, 137, 29 A. S. 101, 30 P. 202, 203 (commissioners' deci-
sion), 27'p. 286. 287 (construed); 98 C. 377, 381, 33 P. 266, 267
(cited); 7 C. A. 241, 243, 94 P. 82, 83 (instance of complete
agreement to buy and sell).

As to many miscellaneous matters as to sales, see note § 1721,

ante.

As to offers to perform, see Kerr's Cyc. C. C. § 1485 and note.-
Damag-es for breach of contract.^'Kerr's Cyc. C. C. §§ 3310,

3311 and notes.

Options.— See Kerr's Cyc. C. C. § 1727 and note pars. 32-36.

§1730. WHAT MAY BE THE SUBJECT OF THE CON-
TRACT. Any propei^ty which, if in existence, might be the
subject of sale, may be the subject of an agreement for sale,
whether in existence or not.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

95 C. 134, 137, 29 A. S. 101, 30 P. 202, 203 (commissioners-
decision), 27 P. 286, 287 (referred to).

As to assignments of choses in action, see Kerr's Cyc. C. C.
§ 954 and note pars. 19 et seq.

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Goods to be acquired — Sale of. — See 4 L. 398-400.

Irr^plied warranty of merchandise not in existence. — See Kerr's
Cyc. C. C. § 1768 and note.

Partnership property pending receivership and suit for ac-
counting. — See Kerr's C. C. §1722 and note par. 7.

Property not in existence. — See 81 A. S. 42-46.

Sale or mortgage of future crops. — See 23 L. 449-476.

Title requisite in seller.— See Kerr's Cyc. C. C. § 1722 and note
pars. 2 et seq.

§1731. AGREEMENT TO SELL REAL PROPERTY. An

agreement to sell real property binds the seller to execute a

957



§ 1731 CIVIL CODE. [Div.III,Pt.IV.

conveyance in form sufficient to pass the title to the prop-
erty.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 243.

See Kerr's Cyc. C. C. for 210 pars, annotation.

109 C. 558, 563, 42 P. 39 (construed).

As tc alteration of written contract by unexecuted oral agree-
ment, see Kerr's Cyc. C. C. § 1698 and note.

As to conditions, see Kerr's Cyc. C. C. §§ 707-711 and notes.

As to conditions concurrent, see Kerr's Cyc. C. C. §§ 1437,
1439 and notes.

As to conveyance of homestead, see Kerr's Cyc. C. C. § 1242
and note.

As to defense to action on note given for purchase money
when title fails, see Kerr's Cyc. C. C. § 1731, note par. 188.

As to effect of offer of performance, see Kerr's Cyc. C. C.
§ 1504 and note.

As to fee-simple title being presumed in case of grant of
real property, see Kerr's Cyc. C. C. § 1105 and note.

As to jurisdiction over non-residents, see 20 A. S. 212.

As to many miscellaneous matters as to sales, see note § 1721.
ante.

As to mistake in quantity of land — Relief from. — See 4 L.
525, 526; 11 L. 376, 377.

As to necessity to demand deed, see Kerr's Cyc. C. C. § 1731,
note pars. 24-30.

As to novation, see Kerr's Cyc. C. C. §§ 1530-1533 and notes.

As to objections to mode of offer of performance, see Kerr's
Cyc. C. C. § 1501 and note.

As to property wliich passes to heirs, see Kerr's Cyc. C. C.
§ 1384 and note.

As to rescission of contracts, see Kerr's Cyc. C. C. §§ 1G88-
1691 and notes.

As to relief of vendee on ground of defective title, see 65 A.
D. 608, 70 A. D. 340.

As to remedy of vendee where vendor's title defective, see
20 A. S. 217; 25 A. S. 212.

As to right to rescind if consideration fails, see Kerr's Cyc.
C. C. § 1689 subd. 4 and note.

As to sufficiency of partial performance, see Kerr's Cyc. C. C.
§§ 1477, 1524 and notes.

As to suits for specific performance, see Kerr's Cyc. C. C.
§§ 3384-3396 and notes.

As to waiver of such objection, see Kerr's Cyc. C. C. § 1731,
note par. 205 this note.

95S






Tit.I,ch.I,art.II.] covenants. §§ 1732, 1733

As to when time is of essence of contract, see 50 A. D. 597-
600, 676-678; 68 A. D. 87.

As to yielding possession of goods sold upon failure of title,
see Kerr's Cyc. C. C. § 1786 and note par. 27.

Conveyance to satisfy contract. — See 11 A. D. 34-39; 26 A.
D. 625, 626.

Covenants required to be inserted in deed. — See Kerr's Cyc.
C. C. §§ 1733, 1734 and notes.

Damages for breach of agreement to convey land. — See Kerr's
Cyc. C. C. § 3306 and note.

Deed, duty of preparing, on whom cast.- — See 26 A. D. 625.

Demand for conveyance, purchaser's duty to make. — See 16
A. D. 427, 428.

Evasion of payment or tender by vendor. — See Kerr's Cyc.
C. C. § 1512 and note.

Executor's sale under power is not judicial sale. — See Kerr's
Cyc. C. C. § 1777 and note.

Executory contract to sell or sale. — See Kerr's Cyc. C. C.
§ 1721 and note.

Form of conveyance. — See Kerr's Cyc. C. C. § 1092 and note.

Lien of purchaser for money paid. — See Kerr's Cyc. C. C.
§ 3050 and note.

Married women's contracts to convey land. — See Kerr's Cyc.
C. C. § 158 and note.

Nature of interest of vendor or purchaser in land contract
as real or personal property. — See 57 L. 643-654.

Omission of covenants. — See Kerr's Cyc. C. C. § 1733 and note.

Purchaser's remedies for failure of title. — See 5 L. 45-47.

Purchaser's rights upon rescission. — See 12 A. D. 312, 314.

Quantity not warranted when sale is for sum in gross. —
See Kerr's Cyc. C. C. § 1733 and note.

Requisites for transfer of estate in land. — See Kerr's Cyc.
C. C. § 1091 and note.

Title deeds. — See Kerr's Cyc. C. C. § 994 and note.

Vendor's lien. — See Kerr's Cyc. C. C. §§ 3046-3048 and notes.

§ 1732. rOBM OF GRANT REQUIRED BY SUCH COX-
TRACT (repealed).

Historr: Enacted March 21, 1872, repealed March 30. 1874,
Code Amdts. 1873-4, p. 243.

§1733. USUAL COMMON-LAW COVENANTS REQUIRED
BY SUCH CONTRACTS, WHEN. An agreement on the part
of a seller of real property to give the usual covenants, binds
him to insert in the grant covenants of "seizin," "quiet enjoy-

959



§ 1734 CIVIL CODE. [Div.III.Pt.IV.

ment," "further assurance," "general warranty," and "against
encumbrances."

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

As to many miscellaneous matters as to sales, see note § 1721,
ante.

As to waiver of objections to deed, see Kerr's Cyc. C. C.
§ 1731 ana not.-

Covenants running with land. — See Kerr's Cyc. C. C. §§ 1460-
1468 and notes.

Fraud in sale of real estate. — See 2 A. D. 77-81.

Implied covenants when word "grant" is used in convey-
ance.— See Kerr's Cyc. C. C. § 1113 and note.

Parol evidence to show warranty outside of deed or other
contract.— See 5 A. S. 199-201.

Quitclaim deed — What title passes by. — See' Kerr's Cyc. C. C.
§ 1113 and note pars. 17, 18.

§1734. FORM OF SUCH COVENANTS. The covenants

mentioned in the last section must be in substance as follows:
''The party of the first part covenants with the party of the
second part, that the former is now seized in fee simple of
the property granted; that the latter shall enjoy the same
without any lawful disturbance; that the same is free from
all encumbrances; that the party of the first part, and all
persons acquiring any interest in the same through or for
him, will, on demand, execute and deliver to the party of the
second part, at the expense of the latter, any further assur-
ance of the same that may be reasonably required; and that
the party of the first part will warrant to the party of the
second part all the said property against every person law-
fully claiming the same."

History: Enacted March 21, 1872.

As to commissioners' comment on this section, see Kerr's Cyc.
C. C. §§ 1734, note par. 1.

As to many miscellaneous matters as to sale, see note § 1721;
ante.

Title of vendor. — See Kerr's Cyc. C. C. § 1731 and note pars.
143-201.



960



Tit.I,ch.I,art.III.] PERSONAL PROPERTY. §§ 1739, 1740

ARTICLE III.

FORM OF THE CONTRACT.

§ 1739. Contract to sell personal property.

§ 1740. Contract to manufacture.

§ 1741. Contract for sale of real property.

§1739. CONTRACT TO SELL PERSONAL PROPERTY.

No sale of personal property, or agreement to buy or sell it
for a price of two hundred dollars or more, is valid, unless:

1. The agreement or some note or memorandum thereof be
in writing, and subscribed by the party to be charged, or by
his agent; or,

2. The buyer accepts and receiyes part of the thing sold,
or when it consists of a thing in action, part of the evidences
thereof, or some of them; or,

3. The buyer, at the time of sale, pays a part of the price.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 243.

See Kerr's Cyc. C. C. for 6 pars, annotation.

67 C. 93, 7 P. 195 (referred to as inapplicable); 68 C. 17, 8
P. 502, 503 (construed and applied); 70 C. 399, 400, 402, 11 P.
743 (construed and applied); 91 C. 669, 670, 27 P. 1080, 14 L.
230 (construed in connection with §1740); 105 C. 514, 519, 45
A. S. 87, 39 P. 200 (applied); 119 C. 545, 551, 51 P. 853, 52 P.
44 (referred to in dis. op.); 123 C. 548, 549, 56 P. 451 (cited);
2 C. A. 451, 452, 83 P. 578 (construed with § 1973 C. C. P. — what
oral contract to purchase, over two hundred dollars, is not
within statute of frauds).

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Exchange — Form of contract. — See Kerr's Cyc. C. C. § 1805
and note.

§1740. CONTRACT TO MANUFACTURE. An agreement
to manufacture a thing, from material furnished by the man-
ufacturer, or by another person, is not within the provisions
of the last section.

History: Enacted March 21, 1872.
Kerr's C. C— 31 961



§ 1741 CIVIL CODE. [Div.III.Pt.IV.

See Kerr's Cyc. C. C. for 5 pars, annotation.

91 C. 669, 670, 27 P. 1080, 14 L. 230 (construed in connection
witli § 1729).

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Contract to manufacture article. — See 9 A. D. 188-190.

§1741. CONTEACT FOR SALE OF REAL PROPERTY.

No agreement for the sale of real property, or of an interest
thereiiiv ii? valid, unless the same, or some note or memoran-
dum thereof, be in writing, and subscribed by the party to be
charged, or his agent, thereunto authorized, in writing; but
this does not abridge the power of any court to compel the
specific performance of any agreement for the sale of real
property in case of part performance thereof.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, pp. 243, 244.

See Kerr's Cyc. C. C. for 5 pars, annotation.

64 C. 24, 26, 28 P. 107 (cited); 78 C. 529, 534, 21 P. 179, 181
(construed and applied); 87 C. 49, 54, 25 P. 249, 250 (construed
and applied); 91 C. 442, 446, 27 P. 744, 745 (applied); 93 C.
493, 495, 27 A. S. 212, 29 P. 119 (construed); 140 C. 157, 159,
73 P. 840 (applied); 142 C. 152, 156, 75 P. 777 (applied); 5 C. A.
367, 369, 90 P. 469 (applied — no decree of specific performance
without part performance, and payment of purchase price alone
is not part performance); 5 C. A. 665, 668, 91 P. 164 (applied —
no decree of specific performance as to land not described in
contract, if contract is definite, certain, and complete).

As to many miscellaneous matters as to sales, see note § 1721,
ante.



962



Tit.I.ch.II.art.I.] RIGHTS, OBLIGATIONS. §§ 1748, 1749

CHAPTER II.

RIGHTS AND OBLIGATIONS OF THE SELLER.

Article I. Rights and Duties Before Delivery, §§ 1748, 1749.
II. Delivery, §§ 1753-1758.
III. Warranty, §§ 1763-1778.

ARTICLE I.

RIGHTS AND DUTIES BEFORE DELIVERY.

§ 1748. When seller must act as depositary.
§ 1749. When seller may resell.

§1748. WHEN SELLER MUST ACT AS DEPOSITARY.

After personal property has been sold, and until the delivery
is completed, the seller has the rights and obligations of a
depositary for hire, except that he must keep the property,
without charge, until the buyer has had a reasonable oppor-
tunity to remove it.

History: Enacted March 21, 1872.

151 C. 479, 482, 91 P. 1.52 (applied to sale of salt left in seller's
possession — bailee and bailor).

As to many miscellaneous matters as to sales, see note § 1721,
ante.

For Commissioners' comment on this section, see Kerr's Cyc.
C. C. § 1748, note.

§ 1749. WHEN SELLER MAY RESELL. If a buyer of per-
sonal property does not pay for it according to contract, and
it remains in the possession of the seller after payment is due,
the seller may rescind the sale, or may enforce his lien for
the price, in the manner prescribed by the title on liens.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 47 pars, annotation.

58 C. 431, 435, 41 A. R. 266 (applied); 86 C. 531, 536, 25 P.
63, 64 (referred to as inapplicable); 120 C. 416, 419, 420, 52 P.
666 (construed).

963 '



§ 1749 CIVIL CODE. [Div.III.Pt.IV.

As to action by buyer who is undisclosed principal, see Kerr's
Cyc. C. C. § 1753 and note.

As to breach of contract by purchaser of land, see Kerr's
Cyc. C. C. § 1731 and note.

As to extinguishment of obligation by offer of performance,
see Kerr's Cyc. C. C. § 1485 and note.

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Counterclaim upon breach of warranty in an action for
price.— f-e Kerr's Cyc. C. C. § 1786 and note.

Damages for buyer's breach of contract. — See Kerr's Cyc. C.
C. §§ 3310, 3311 and notes.

Duty of buyer to pay price. — See Kerr's Cyc. C. C. § 1784 and
note.

Excessive quantity delivered. — See Kerr's Cyc. C. C. § 1753
and note pars. 27, 29.

Mechanics' and materialmen's liens. — See Kerr's Cyc. C. C.
P. §§ 1183-1203 and notes.

Mutual and dependent stipulations to deliver and make pay-
ment. — See Kerr's Cyc. C. C. § 1753 and note.

Lien of seller for price. — See Kerr's Cyc. C. C. § 3049 and note.

Rescission of contract. — See Kerr's Cyc. C. C. §§ 1688-1691,
1785, 1786 and notes.

Stoppage in transitu. — See Kerr's Cyc. C. C. §§ 3076-3080.
and notes.

Wharfage and demurrage are chargeable to buyer. — See
Kerr's Cyc. C. C. § 1755 and note par. 3.



964



Tit.I.ch.II.art.IL] delivery ON demand. § 175^



ARTICLE II.

DELIVERY.

§ 1753. Delivery on demand.

§ 1754. Delivery, where made.

§ 1755. Expense of transportation.

§ 1756. Notice of election as to delivery.

§ 1757. Buyer's directions as to manner of sending thing sold.

§ 1758. Delivery to be within reasonable hours.

§ 1753. DELIVERY ON DEMAND. One who sells personal
property, whether it was in his possession at the time of sale
or not, must put it into a conditioh fit for delivery, and deliver
it to the buyer within a reasonable time after demand, unless
he has a lien thereon.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 74 pars, annotation.

82 C. 474, 479, 23 P. 118, 119 (referred to as inapplicable);
147 C. 313, 319, 81 P. 964 (applied with § 1754).

As to action by undisclosed seller who is principal, see Kerr's
Cyc. C. C. § 1749 and note par. 46.

As to duty to separate things which are mixed with others,
see Kerr's Cyc. C. C. § 1497 and note.

As to effect of refusal to accept performance before offer, see
Kerr's Cyc. C. C. § 1515 and note.

As to offer of partial performance, see Kerr's Cyc. C. C. § 14S6
and note.

As to many miscellaneous matters as to sales, see note § 1721,

ante.

As to partial performance, see Kerr's Cyc. C. C. §14m and

As to prevention of performance, see Kerr's Cyc. C. C. §§ 1511,
1512 and notes.

As to resale of land, see Kerr's Cyc. C. C. § 1731 and note.

As to warehouse receipts, etc., see Kerr's Cyc. C. C. § 1753,
note pars. 69, 73.

Acceptance and delivery of goods.— See 49 A. D. 325-340; 37
A. R. 16-22; 60 A. S. 237, 238; 96 A. S. 215-229.

Complaint must allege offer or readiness to deliver, when.—
See Kerr's Cyc. C. C. § 1749 and note par. 27.

Damages for breach of contract by seller.— See Kerr's Cyc.
C. C. §§ 3308, 3309 and notes.

965



§ 1754 CIVIL CODE. [Div.III,Pt.IV.

Delay in delivery — Waiver of damages by acceptance. — See
54 L. 718-721.

Delivery and payment concurrent conditions. — See Kerr's
Cyc. C. C. § 1784 and note pars. 14-16.

Delivery — Fixes time of payment, when. — See Kerr's Cyc. C.
C. § 1784 and note pars. 14, 15.

Duty of buyer to take away thing sold. — See Kerr's Cyc. C.
C. § 1784 and note.

EfEec#.-^f contract to ship goods f. o. b. — See 62 L. 795-808.

Election to return or pay for property. — See Kerr's Cyc. C.
C. § 1784 and note par. 20.

Excuses for non-performance. — See Kerr's Cyc. C. C. § 1511
and note.

Excuses for non-performance and prevention of performance.
—See Kerr's Cyc. C. C. §§ 1511, 1512 and notes.

Frauds, statute of — Delivery and acceptance required by. —
See Kerr's Cyc. C. C. § 1624 and note.

Fraudulent transfer as against creditors and purchasers,
when no delivery. — See Kerr's Cyc. C. C. § 3440 and note.

Freedom from interruption in gathering fruit guaranteed. —
See Kerr's Cyc. C. C. § 1763 and note par. 14.

Prevention of performance. — See Kerr's Cyc. C. C. §§ 1512,
1514 and notes.

Refusal to accept before offer. — See Kerr's Cyc. C. C. § 1515
and note.

Requisites of delivery. — See 60 A. S. 237, 238.

Sales — When complete. — See 39 A. S. 44.

Stoppage in transitu.— See Kerr's Cyc. C. C. §§ 3076-3080 and
notes.

Title transferred, when. — See Kerr's Cyc. C. C. §§ 1140, 1141
and notes.

§ 1754. DELIVERY, WHERE MADE. Personal property
sold is deliverable at the place where it is at the time of the
sale or agreement to sell, or if it is not then in existence, it is
deliverable at the place where it is produced.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

84 C. 207, 213, 23 P. 1117, 1119 (cited); 147 C. 313, 319, 81 P.
964 (applied with § 1753).

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Common carrier — Delivery to. — See Kerr's Cyc. C. C. § 1753
and note.

Offer of performance — Where to be made. — See Kerr's Cyc.
C. C. § 1488, 1489 and n-otes.

Place of delivery. — See 12 A. D. 573, 574.

966



Tit.I,ch.II,art.II.] NOTICE OF ELECTION. §§ 1755-1757

§ 1755. EXPEASE OF TRANSPOETATIO. One who sells
personal property must bring it to his own door, or other
convenient place, for its acceptance by the buyer, but further
transportation is at the risk and expense of the buyer.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
As to many miscellaneous matters as to sales, see note § 1721,
ante.

Buyer's risk. — See 75 A. S. 77-79.



§ 1756. NOTICE OF ELECTION AS TO DELIVERY. When
either party to a contract of sale has an option as to the time,
place, or manner of delivery, he must give the other party
reasonable notice of his choice; and if he does not give such
notice within a reasonable time, his right of option is waived.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

84 C. 207, 213, 23 P. 1117 (referred to).

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Option as to time for delivery. — See Kerr's Cyc. C. C. §1491
and note.



§ 1757. BUYER'S DIRECTIONS AS TO MANNER OF

SENDING THING SOLD. If a seller agrees to send the thing
sold to the buyer, he must follow the directions of the latter
as to the manner of sending, or it will be at his own risk dur-
ing its transportation. If he follows such directions, or if, in
the absence of special directions, he uses ordinary care in
forwarding the thing, it is at the risk of the buyer.

History: Enacted March 21, 1872.

84 C. 207, 213, 23 P. 1117 (referred to).

As to many miscellaneous matters as to sales, see note § 1721,
ante.

For Commissioners' comment on this section, see Kerr's Cyc.
C. C. § 1757, note par. 2.

967



§ 1758 CIVIL CODE. [Div.III.Pt.IV.

§1758. DELIVERY TO BE WITHIN REASONABLE
HOURS. The delivery of a thing sold can be offered or
demanded only within reasonable hours of the day.

History: Enacted March 21, 1872.



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