1710

The damages and impairment suffered by merchandise, even though it be by reason of an accidental case, shall be for the account of the vendor in the following cases:\n(1) If the sale took place by number, weight, or measure, or if the article sold is not fixed and determined, with marks and signs which identify it.\n(2) If by reason of an express agreement or the usages of commerce, in view of the nature of the article sold, the purchaser has the privilege to previously examine and investigate it.\n(3) If the contract contains a clause to the effect that the delivery is not to be made until the article sold has acquired the conditions stipulated.\nHistory —Commerce Code, 1932, § 252.