return them or offer to return them to the seller and recover the price or any part thereof which has been paid. (2) When the buyer has claimed and been granted a Remedies for remedy in any one of these ways, no other remedy can thereafter be granted. (3) Where the goods have been delivered to the buyer, he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods, or if he fails to notify the seller within a reasonable time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the property was transferred to the buyer. But if deterioration or injury of the goods is due to the breach of warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. (4) Where the buyer is entitled to rescind the sale and elects to do so the buyer shall cease to be liable for the price upon returning or offering to return the goods. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price. (5) Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure the repayment of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by section 53. (6) The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty. (7) In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty. Interest and Special Damages. breach of warranty special SEC. 70. Nothing in this act shall affect the right of the Interest and buyer or the seller to recover interest or special damages in damages any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed. PART VI Variation of Implied Obligations. SEC. 71. Where any right, duty, or liability would arise Variation of under a contract to sell or a sale by implication of law, it may obligations implied Rights may be enforced by action Rule for cases not be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale. Rights May Be Enforced by Action. SEC. 72. Where any right, duty or liability is declared by this act, it may, unless otherwise by this act provided, be enforced by action. Rule for Cases Not Provided for by This Act. SEC. 73. In any case not provided for in this act, the rules of law and equity, including the law merchant, and in particuprovided for lar the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress, or coercion, mistake, bankruptcy, or other invalidating cause, shall continue to apply to contracts to sell and to sales of goods. by this act Interpreta Interpretation Shall Give Effect to Purpose of Uniformity. SEC. 74. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of give effect to those states which enact it. tion shall purpose of uniformity Provisions not applicable to mortgages Definitions Provisions Not Applicable to Mortgages. SEC. 75. The provisions of this act relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgage, pledge, charge, or other security. Definitions. SEC. 76. (1) In this act, unless the context or subjectmatter otherwise requires― "Action" includes counterclaim, set-off, and suit in equity. "Buyer" means a person who buys or agrees to buy goods, or any legal successor in interest of such person. "Defendant" includes a plaintiff against whom a right of set-off or counterclaim is asserted. "Delivery" means voluntary transfer of possession from one person to another. "Divisible contract to sell or sale" means a contract to sell or a sale in which by its terms the price for a portion or portions of the goods less than the whole is fixed or ascertainable by computation. "Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt, or order for the delivery of goods, or any 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 document 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 Definitions nature 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 and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. "Order" in sections of this act 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, and not merely a special property. "Purchaser" includes mortgagee and pledgee. "Purchases" includes taking as a mortgagee or as a pledgee. "Quality of goods" includes their state or condition. "Sale" includes a bargain and sale as well as a sale and delivery. "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 contract. An antecedent or preexisting claim, whether for money or not, constitutes value where goods or documents of titles are taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith" within the meaning of this act when it is in fact done honestly, whether it be done negligently or not. (3) A person is "insolvent" within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a "deliverable state" within the meaning of this act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them. Act does not Act Does Not Apply to Existing Sales or Contracts to Sell. SEC. 76A. None of the provisions of this act shall apply to apply to any sale, or to any contract to sell, made prior to the taking sales or effect of this act. existing contracts to sell uniform No Repeal of Uniform Warehouse Receipt Act or Certain SEC. 76B. Nothing in this act or in any repealing clause No repeal of thereof shall be construed to repeal or limit any of the prowarehouse visions of the act to make uniform the law of warehouse receipt act or receipts, or what is known as the bulk sales act, being sections 3908 to 3912, inclusive, of the Revised Laws of Nevada, or the law relating to the mortgage of personal property. Inconsistent Legislation Repealed. other Inconsistent legislation repealed Time when the act takes effect Name of act Preamble Appropriation, $3,500 Duties of controller and treasurer SEC. 77. All acts or parts of acts inconsistent with this act are hereby repealed, except as provided in section 76b. Time When the Act Takes Effect. SEC. 78. This act shall take effect on the first day of April, one thousand nine hundred and fifteen. Name of Act. SEC. 79. This act may be cited as the Uniform Sales Act. CHAP. 160-An Act to pay the deficiency in the appropriation made to the state agricultural society for the year 1914. [Approved March 18, 1915] WHEREAS, The state agricultural society incurred an indebtedness of thirty-five hundred dollars on conducting a state fair during the year 1914 over and above the appropriation made by the State of Nevada for that year: The People of the State of Nevada, represented in Senate and SECTION 1. The sum of thirty-five hundred dollars is hereby appropriated, out of any moneys in the general fund of the state, for the payment of the deficiency in the appropriation made to the state agricultural society for the year 1914. SEC. 2. The state controller is hereby directed to draw his warrant in favor of the president of the board of directors of the state agricultural society for the sum of thirty-five hundred dollars specified in this act, and the state treasurer is directed to pay the same. CHAP. 161-An Act to amend "An act to regulate proceed ings in civil cases in this state, and to repeal all other acts in relation thereto," approved March 17, 1911. [Approved March 18, 1915] The People of the State of Nevada, represented in Senate and SECTION 1. Section 285 of the above-entitled act, same being section 5227, Revised Laws of Nevada, 1912, is hereby amended to read as follows: fact must be 30 days Section 285. Upon a trial of a question of fact by the court, Question of its decision must be given within thirty days after the cause is decided by submitted for decision. The court may, however, at any time court within before a notice of appeal is served and filed, or before a motion for a new trial is ruled upon, if such motion is made, add to or modify the findings in any respect, so as to make the same conform to the issues presented by the pleadings, and to the evidence adduced at the trial. No such additions to, or modifications of, the findings shall be made unless a notice in writing specifying generally the additions or modifications desired shall have been served on the adverse party or his attorney of record. CHAP. 162—An Act to pay a deficiency in the appropriation for the support of the state fish commission, for the years nineteen thirteen and nineteen fourteen. [Approved March 18, 1915] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: relief of fish SECTION 1. The sum of forty-four hundred and sixteen $4.416.70 for dollars and seventy cents ($4,416.70) is hereby appropriated, commission out of any moneys in the general fund of the state, for the payment of this deficiency in the appropriation for the support of the state fish commission, for the years nineteen thirteen and nineteen fourteen, as follows: May, 1914, $436; June, $438.45; July, $626.02; August, $566; September, $495.64; October, $561.23; November, $515.90; December, $777.46. controller SEC. 2. The state controller is hereby directed to draw his Duties of warrant in favor of the state fish commission for the several and amounts specified in this act, and the state treasurer is hereby directed to pay the same. CHAP. 163-An Act to amend section 405 of an act entitled "An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto," approved March 17, 1911. [Approved March 18, 1915] The People of the State of Nevada, represented in Senate and SECTION 1. Section 405 of said act is amended so as to read as follows: treasurer to stay unless sureties filed Section 405. If the appeal be from a judgment or order Appeal not directing the payment of money, or from an order dissolving or execution refusing to dissolve an attachment, it shall not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant, by two or more sufficient sureties, stating their place of residence and occupation, to the effect that they are bound in double the amount named |