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ship organization, to the district clerk, he shall, when giving notice of the time and place for holding the next annual town meeting or road district election, also give notice that a vote will be taken at said election or meeting for or against an annual tax not to exceed one dollar on each one hundred dollars assessed valuation of all the taxable property, including railroads in the township or road district, for the purpose of constructing and maintaining gravel, rock, macadam or other hard roads, or for improving and maintaining dirt or earth roads to be graded, drained, dragged or oil treated, applying either to roads to be constructed or repaired by the township or road district. Said petition shall state the location and route of the proposed road or roads, and shall also state the annual rate per cent not exceeding one dollar on each one hundred dollars, and the number of years not exceeding five, for which said tax shall be levied. If in any such petition a special election shall be requested for such purposes it shall be called in the manner provided for calling special elections in section 112 of this Act.

$ 115. SURVEYS, ESTIMATES, ETC.] Whenever it shall be voted to construct gravel, rock, macadam or other hard roads or to improve dirt or earth roads and to oil treat the same or to oil treat roads in any township or district it shall be the duty of the county superintendent of highways of the county in which said township so voting is located to at once survey (or cause to be surveyed) the route of the road thus to be improved and to prepare suitable maps, plans, specifications, and estimates of the cost of the proposed improvement. The county superintendent of highways shall divide the same into convenient sections, each of which shall be numbered. The county superintendent of highways, upon the completion of said maps, plans, specifications and estimates, shall file one copy of the same with the town or district clerk of the township wherein the proposed road is to be constructed and one copy with the commissioners of highways of said township, and in case of State aid road construction or improvement the county superintendent of highways shall also file copies of such maps, plans, specifications and estimates with the State Highway Commissioners.

§ 122. CONSTRUCTION OF ROAD— MATERIAL.] The commissioners and the county superintendent of highways may, in their discretion, cause the road to be constructed wholly of earth, and by a thorough system of tile and other drainage, when gravel, stone and other suitable hard materials can not be obtained at a cost within the means in the hands of the commissioners or oil treat earth roads.

APPROVED June 25th, 1915.

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UNIFORM SALES ACT-Continued. 11. Effect of conditions.

PART III. 12. Definition of express warranty.

Performance of the Contract. 13. Implied warranties of title.

§ 41. Seller must deliver and buyer accept

goods. 14. Implied warranty in sale by description.

§ 42. Delivery and payment are concurrent 15. Implied warranties of quality.

conditions. $16. Implied warranties in sale by sample. $43. Place, time and manner of delivery.

$ 44. Delivery of wrong quantity. PART II.

$ 45. Delivery in installment. cansfer of Property as Between Seller and Buyer.

$46. Delivery to a carrier on behalf of the buyer. $ 17. No property passes until goods are ascertained.

§ 47. Right to examine the goods. $ 18. Property in specific goods passes when

$ 48. What constitutes acceptance. parties so intend.

8 Acceptance does not bar action for dam$ 19. Rules for ascertaining intention.

ages. 20. Reservation of right of possession or prop

$ 50. Buyer is not bound to return goods erty when goods are shipped.

wrongly delivered. $21. Sales by auction.

$ 51. Buyers liability for failure to accept

delivery. $22. Risk of loss. $23. Sale by a person not the owner.

PART IV. § 24. Sale by one having a voidable title. Rights of Unpaid Seller Against the Goods. $25. Sale by sellerin possession of goods already

$ 52. Definition of unpaid seller. sold.

$ 53. Remedies of an unpaid seller. 26. Creditors' rights against sold goods in seller's possession.

$ 54. When right of lien may be exercised. $27. Definition of negotiable document of title.

$ 55. Lien after part delivery. 28. Negotiation of negotiable documents by $ 56. When lien is lost. delivery.

$ 57. Seller may stop goods on buyers insol$ 29. Negotiation of negotiable documents by

vency. indorsements.

$ 58. When goods are in transit. $ 30. Negotiable documents of title marked “Not negotiable."

59. Ways of exercising the right to stop.

$ 60. When and how resale may be made. 31. Transfer of non-negotiable documents.

§ 61. When and how the seller may rescind the

sale. § 32. Who may negotiate a document.

§ 62. Effect of sale of goods subject to lien or $33. Rights of persons to whom document has been negotiated.

stoppage in transitu.

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UNIFORM SALES ACT-Concluded.
PART VI.

$ 74. Interpretation shall give effect to purpose

of uniformity. Interpretation.

$75. Provisions not applicable to mortgages. $ 71. Variation of implied obligations.

$76. Definitions. $ 72. Rights may be enforced by action.

$77. Name of Act.
§ 73. Rule for cases not provided for by this
Act.

$ 78. Repealed.
(HOUSE Bill No. 557. APPROVED JUNE 29, 1915.)
An Act to make uniform the law relating to the sale of goods.

PART I.

FORMATION OF THE CONTRACT.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: CONTRACTS TO SELL AND SALES.] (1) A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price.

(2) A sale of goods is an agreement whereby the seller transfers the property in goods to a buyer for a consideration called the price.

(3) A contract to sell or a sale may be absolute or conditional.

(4) There may be a contract to sell or a sale between one part owner and another.

$ 2. CAPACITY-LIABILITIES FOR NECESSARIES.] Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property.

Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor.

Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery.

FORMALITIES OF THE CONTRACT.

$ 3. FORM OF CONTRACT OR SALE) Subject to the provisions of this Act and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties.

§ 4. STATUTE OF FRAUDS.] (1) A contract to sell or a sale of any goods or choses in action of the value of five hundred dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.

(2) The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at

some future time or may not at the time of such contract or sale be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply.

(3) There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.

SUBJECT MATTER OF CONTRACT.

§ 5. EXISTING AND FUTURE GOODS.] (1) The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of a contract to sell, in this Act called “future goods”.

(2) There may be a contract to sell goods, the acquisition of which by the seller depends upon a contingency which may or may not happen.

(3) Where the parties purport to effect a present sale of future goods, the agreement operates as a contract to sell the goods.

§ 6. UNDIVIDED SHARES.] (1) There may be a contract to sell or a sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agreement, becomes an owner in common with the owner or owners of the remaining shares.

(2) In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measure bought bears to the number, weight or measure of the mass. If the mass contains less than the number, weight or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from similar goods unless a contrary intent appears.

$ 7. DESTRUCTION OF GOODS SOLD.) (1) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have wholly perished at the time when the agreement is made, the agreement is void.

(2) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated, in quality as to be substantially changed in character, the buyer may at his option treat the sale

(a) As avoided, or

(6) As transferring the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the sale was indivisible or to pay the agreed price for the goods in which the property passes if the sale was divisible.

§ 8. DESTRUCTION OF GOODS CONTRACTED TO BE SOLD.] (1) Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault on the part of the seller or the buyer, the goods wholly perish, the contract is thereby avoided.

(2) Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault of the seller or the buyer, part of the goods perish or the whole or a material part of the goods deteriorate in quality as to be substantially changed in character, the buyer may at his option treat the contract

(a) As avoided, or

(b) As binding the seller to transfer the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the contract was indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyer's option, is bound to transfer if the contract was divisible.

THE PRICE.

§ 9. DEFINITION AND ASCERTAINMENT OF PRICE.] (1) The price may be fixed by the contract, or may be left to be fixed in such manner as may be agreed or it may be determined by the course of dealing between the parties.

(2) The price may be made payable in any personal property.

(3) Where transferring or promising to transfer any interest in real estate constitutes the whole or part of the consideration for transferring or for promising to transfer the property in goods, this Act shall not apply.

(4) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.

§ 10. SALE AT VALUATIONS.] (1) Where there is a contract to sell or a sale of goods 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, cannot 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.

CONDITIONS AND WARRANTIES.

$ 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.

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