what must 1. A general or specific denial of the allegations in the Answer, complaint intended to be controverted by the defendant, or a contain denial thereof according to information and belief. In denying any allegation in the complaint, not presumptively within the knowledge of the defendant, it shall be sufficient to put such allegation in issue, for the defendant to state, as to such allegation, that he has not sufficient knowledge or information upon which to base a belief. 2. A statement, in ordinary and concise language, of any new matter constituting a defense or counterclaim. SEC. 2. Section 115 of said act is hereby amended so as to read as follows: shall contain Section 115. When the answer contains new matter, con- Reply, what stituting a defense, or a counterclaim, the plaintiff shall, within ten days after service of such answer or within ten days after notice of the overruling of the demurrer thereto, serve and file a reply. Said reply shall consist of: First-A general or specific denial of the allegations in the answer, or in the counterclaim, intended to be controverted by the plaintiff, or a denial thereof according to information and belief. In denying any allegation in the answer, or in the counterclaim, not presumptively within the knowledge of the plaintiff, it shall be sufficient to put such allegations in issue for the plaintiff to state, as to such allegation, that he has not sufficient knowledge or information upon which to base a belief. Second-Any new matter not inconsistent with the complaint, constituting a defense to the matter alleged in the answer; or the matter in the answer may be confessed, and any new matter alleged, not inconsistent with the complaint, which avoids the same. SEC. 3. Section 116 of said act is hereby amended so as to read as follows: reply Section 116. If the plaintiff fails to demur or reply to the Failure to new matter, contained in the answer, constituting a defense, deemed the same shall be deemed admitted; and if the plaintiff fails admission to demur or reply to the counterclaim, the same shall be deemed admitted. SEC. 4. Section 133 of said act is hereby amended so as to read as follows: when Section 133. Each material allegation of the complaint not Allegations, controverted by the answer, and each material allegation of considered new matter in the answer not controverted by the reply, and as true each material allegation in the counterclaim not controverted by the reply, must, for the purposes of the action, be taken as true. All allegations of new matter in the reply are to be deemed controverted by the adverse party. sections SEC. 5. Section 1, section 2, and section 3 of an act entitled Certain "An act to amend an act entitled 'An act to regulate proceed- repealed ings in civil cases in this state and to repeal all other acts in 13 In effect relation thereto,' approved March 17, 1911, approved March 24, 1913, are hereby repealed. SEC. 6. This act shall take effect from and after its passage and approval. CHAP. 159-An Act to regulate sales of personal property, and to make uniform the law relating thereto. [Approved March 18, 1915] The People of the State of Nevada, represented in Senate and ᏢᎪᎡᎢ I FORMATION OF THE CONTRACT Contracts to Sell, and Sales. SECTION 1. (1) A contract to sell goods is a contract Contracts to whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price. sell, and sales (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. Capacity-Liabilities for Necessaries. SEC. 2. Capacity to buy and sell is regulated by the general Capacity law concerning capacity to contract, and to transfer and liability for necessaries acquire property. Form of contract or sale Statute of frauds 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 Form of Contract or Sale. SEC. 3. 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. Statute of Frauds. SEC. 4. (1) A contract to sell or a sale of any goods or choses in action of the value of two 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 frauds earnest to bind the contract, or in part payment, or unless Statute of 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 Existing and Future Goods. future goods SEC. 5. (1) The goods which form the subject of a con- Existing and tract 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 the 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. Undivided Shares. shares SEC. 6. (1) There may be a contract to sell or a sale of Undivided 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 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. Destruction of Goods Sold. SEC. 7. (1) Where the parties purport to sell specific Destruction 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. of goods sold (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 (b) 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 of the sale was indivisible, or to pay the agreed price for the goods in which the property passes if the sale was divisible. Destruction of Goods Contracted To Be Sold. SEC. 8. (1) Where there is a contract to sell specific goods, Destruction 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. of goods contracted to be sold Definition and ascer (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 so 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 Definition and Ascertainment of Price. SEC. 9. (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 tainment of be determined by the course of dealing between the parties. (2) The price may be made payable in any personal property. price (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. Sale at a Valuation. valuation SEC. 10. (1) Where there is a contract to sell or a sale of Sale at a 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 Effect of Conditions. conditions SEC. 11. (1) Where the obligation of either party to a con- Effect of tract 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 nonperformance of the condition as a breach of warranty. (2) Where the property in the goods has not passed, the buyer may treat the fulfilment by the seller of his obligation to furnish goods as described and as warranted expressly or by implication in the contract to sell as a condition of the obligation of the buyer to perform his promise to accept and pay for the goods. Definition of Express Warranty. warranty SEC. 12. Any affirmation of fact or any promise by the Definition of seller relating to the goods is an express warranty if the exprent natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty. Implied Warranties of Title. SEC. 13. In a contract to sell or a sale, unless a contrary intention appears, there is warranties (1) An implied warranty on the part of the seller that in Implied case of a sale he has a right to sell the goods, and that in of title case of a contract to sell he will have a right to sell the goods at the time when the property is to pass; (2) An implied warranty that the buyer shall have and enjoy quiet possession of the goods as against any lawful claims existing at the time of the sale; (3) An implied warranty that the goods shall be free at the time of the sale from any charge of encumbrance in favor of any third person, not declared or known to the buyer before or at the time when the contract or sale is made; |