tled," says Williston, "that an
infant's conveyance of realty could be avoided only after he attained
his majority. In the case of personal property a sale may be avoided
during his minority by an infant seller or buyer. Though an infant may
thus avoid his sales, purchases or contracts during infancy, he can
make no effective ratification until he becomes of age, for an
infant's ratification clearly can be no more effective than his
original bargain."
In the Sales Act the Statute of Frauds (See _Statute of Frauds_) has
been reenacted, and provides that in a sale or contract to sell goods
amounting to five hundred dollars or more, it cannot be enforced
unless the buyer shall accept a part of the goods, or give something
in earnest to bind the contract, or in part payment, or makes some
note or memorandum in writing of the sale which is signed by the party
or his agent against whom the other party seeks enforcement.
This statute applies to a contract for goods that may be intended for
future delivery, but not to goods that 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 Sales Act contains an important section relating to the sale of an
undivided share of goods. If the parties intend to effect a present
sale, the buyer becomes an owner in common with the owner of the
remaining shares. How important is this section may be easily learned.
The grain of many owners is often mingled in an elevator. It is
delivered to those who call for it, the kinds and quantities mentioned
in the receipts given to them at the times of storing it. The grain in
the elevator may be delivered many times before a particular depositor
makes his demand. The elevator company must keep on hand enough grain
to meet all outstanding receipts. Each depositor thus retains title
to some portion of the grain in the elevator. The company is the
bailee with the power to change the bailor's separate ownership into
an ownership in common with others of a larger mass, and back again.
At any given moment all the holders of receipts for the grain are
tenants in common of the amount in store, each owning a share and all
owning the entire amount, each having the right to sell his share and
demand its separation and delivery in accordance with custom and the
terms of the receipt.
When a party has specific goods which, without his knowledge, have
perished
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