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THE SALES ACT

OF

CONNECTICUT

AN ACT CONCERNING THE SALE OF GOODS.*

Be it enacted by the Senate and House of Representatives in General Assembly convened:

PART I.

FORMATION OF THE CONTRACT.

Section 1. Contracts to Sell and Sales; Definition.-(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 the 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.

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DEFINITION.-At the very outset, the act makes a distinction between a "contract to sell" and a sale." The distinction is fundamental and should not be lost sight of.

"An agreement to sell, or, as it is often called, an executory contract of sale, is a contract pure and simple; whereas a sale, or, as it is called for distinction, an executed contract of sale, is a contract plus a conveyance. By an agreement to sell a jus in personam is created, by a sale a jus in rem is transferred. Where goods have been sold, and the buyer makes default, the seller may sue * Public Acts, 1907, Ch. 212, Approved July 17, 1907.

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