(2) Obtaining of any fees on the assurance that a manifestly incurable disease can be permanently cured.

(3) The wilfully betraying of a professional secret.

(4) All advertising or medical business in which untruth and improvable statements are made.

(5) All advertising of medicine or means whereby the monthly periods of women can be regulated or menses re-established if suppressed.

(6) Conviction of any offense involving moral turpitude.

(7) Habitual intemperance or excessive use of narcotics.

(8) The practice of making or signing in his professional capacity of any certificate that is known to be false by the licensed physician at the time he makes or signs such certificate.

(9) The dispensing, prescribing or distribution of any opium, cocoa leaves, or any compound, manufacture, salt derivative or preparation thereof, not in the course of his professional practice only, or not in good faith to relieve pain and suffering, or to cure an ailment, physical infirmity or disease.

(10) To dispense, prescribe or distribute to any patient opium, cocoa leaves or any compound, manufacture, salt derivative or preparation thereof, if such patient is addicted to the habit of using said drugs without making a bona fide effort to cure such habit of such patient.

(11) To dispense, prescribe or distribute any opium cocoa leaves or any compound, manufacture, salt derivative or preparation thereof to any person in violation of any law of the State of Tennessee of the United States of America.

SEC. 2. Be it further enacted, That after the Board shall have revoked the license of any person for any of the foregoing grounds, such person shall not thereafter practice medicine or surgery in the State and for each and every instance of such practice,

shall be guilty of a misdemeanor and on conviction thereof, be fined in the sum of not less than $100.00 and not more than $500.00.

SEC. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

AN ACT to be entitled an Act regulating the sales of goods and to make uniform the law of sales of goods.

Part 1.

FORMATION OF THE CONTRACT.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That: (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 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.

SEC. 2. Be it further enacted, That: (CapacityLiabilities 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.

SEC. 3. Be it further enacted, That: (Form of contract on sale.) Subject to the provisions of this Act and of any statute in that behalf, a contract to sell or a sale made, 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 by the conduct of the parties.

SEC. 4. Be it further enacted, That (Statute of Frauds.) (1) A contract to sell or a sale of any goods or choses in action of the value of the 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 of 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 man

ufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller 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.

SEC. 5. Be it further enacted, That: (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 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.

SEC. 6. Be it further enacted, That: (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 in the mass number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods 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 be

comes the owner of the whole mass and the seller is bound to make good the deficiency from similar goods, unless a contrary intent appears.

SEC. 7. Be it further enacted, That: (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

(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 if the sale was indivisible, or to pay the agreed price for the goods in which the property passes if the sale was indivisible.

SEC. 8. Be it further enacted, That: tion of Goods contracted to be sold.)

(Destruc

(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. 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, 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 in