Code of Alabama

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16-36-64
Section 16-36-64 Statewide textbook contracts. (a) No contract shall be made pursuant to this
article for the purchase of textbooks rejected by the State Board of Education. The only contracts
entered into by the State Board of Education pursuant to this article shall be for textbooks
considered by the State Textbook Committee and adopted by the State Board of Education as
provided for in this article. (b) In addition to all other laws which forbid the use of textbooks
in the public schools of the state by authors who are members of the Communist Party or members
of communist front organizations, all contracts with publishers for textbooks made pursuant
to this article shall stipulate that the author or authors of such book or books is not a
member of the Communist Party or known advocate of communism or Marxist socialism and is not
a member of a communist front organization. (c) The maximum price at which the State Board
of Education shall contract for local boards of education to pay...
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7-2-325
Section 7-2-325 "Letter of credit" term; "confirmed credit." (1) Failure
of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract
for sale. (2) The delivery to seller of a proper letter of credit suspends the buyer's obligation
to pay. If the letter of credit is dishonored, the seller may on seasonable notification to
the buyer require payment directly from him. (3) Unless otherwise agreed the term "letter
of credit" or "banker's credit" in a contract for sale means an irrevocable
credit issued by a financing agency of good repute and, where the shipment is overseas, of
good international repute. The term "confirmed credit" means that the credit must
also carry the direct obligation of such an agency which does business in the seller's financial
market. (Acts 1965, No. 549, p. 811.)...
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7-2-504
Section 7-2-504 Shipment by seller. Where the seller is required or authorized to send the
goods to the buyer and the contract does not require him to deliver them at a particular destination,
then unless otherwise agreed he must: (a) Put the goods in the possession of such a carrier
and make such a contract for their transportation as may be reasonable having regard to the
nature of the goods and other circumstances of the case; and (b) Obtain and promptly deliver
or tender in due form any document necessary to enable the buyer to obtain possession of the
goods or otherwise required by the agreement or by usage of trade; and (c) Promptly notify
the buyer of the shipment. Failure to notify the buyer under paragraph (c) or to make a proper
contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.
(Acts 1965, No. 549, p. 811.)...
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7-2-709
Section 7-2-709 Action for the price. (1) When the buyer fails to pay the price as it becomes
due the seller may recover, together with any incidental damages under Section 7-2-710, the
price: (a) Of goods accepted or of conforming goods lost or damaged within a commercially
reasonable time after risk of their loss has passed to the buyer; and (b) Of goods identified
to the contract if the seller is unable after reasonable effort to resell them at a reasonable
price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where
the seller sues for the price he must hold for the buyer any goods which have been identified
to the contract and are still in his control except that if resale becomes possible he may
resell them at any time prior to the collection of the judgment. The net proceeds of any such
resale must be credited to the buyer and payment of the judgment entitles him to any goods
not resold. (3) After the buyer has wrongfully rejected or revoked...
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7-8-319
Section 7-8-319 (Effective Until January 1, 1997) Statute of frauds. A contract for the sale
of securities is not enforceable by way of action or defense unless: (a) There is some writing
signed by the party against whom enforcement is sought or by his authorized agent or broker
sufficient to indicate that a contract has been made for sale of a stated quantity of described
securities at a defined or stated price; or (b) Delivery of the security has been accepted
or payment has been made but the contract is enforceable under this provision only to the
extent of such delivery or payment; or (c) Within a reasonable time a writing in confirmation
of the sale or purchase and sufficient against the sender under paragraph (a) has been received
by the party against whom enforcement is sought and he has failed to send written objection
to its contents within 10 days after its receipt; or (d) The party against whom enforcement
is sought admits in his pleading, testimony or otherwise in court...
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2-15-1
Section 2-15-1 Department authorized to enter into contracts to perform inspection or testing
services, etc., for persons, firms, etc., engaged in business of marketing livestock; charge
and collection of fees for services rendered and disposition thereof. The Department of Agriculture
and Industries, acting by and through the Commissioner of Agriculture and Industries, with
approval of the State Board of Agriculture and Industries, is authorized and empowered to
enter into contracts with any person, firm, partnership, corporation or association engaged
in the business of marketing livestock whereby the Department of Agriculture and Industries,
on terms and conditions mutually agreed upon between the parties to such a contract, shall
perform any inspection or testing of livestock or any brand inspection or recording duties
required by law to be performed by such person, firm, partnership, corporation or association
engaged in the business of marketing livestock. The Department of...
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2-18-3
Section 2-18-3 Department may enter into contracts to perform grading at poultry slaughtering,
dressing or processing plants; collection of fees by department and disposition thereof. The
Department of Agriculture and Industries, acting by and through the Commissioner of Agriculture
and Industries, with the approval of the State Board of Agriculture and Industries, is also
authorized and empowered to enter into contracts with any person, firm, partnership, corporation
or association engaged in slaughtering, dressing, processing or marketing poultry or poultry
products whereby the Department of Agriculture and Industries, on terms and conditions mutually
agreed upon between the parties to such a contract, shall perform poultry meat grading at
poultry slaughtering, dressing or processing plants to the end that poultry slaughtered, dressed
or processed at such plants shall meet the requirements of any rules, regulations, specifications
or standards adopted and promulgated under the...
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34-15-11
Section 34-15-11 Special contract between hotel and guest. A hotel may require any guest, or
person proposing to become a guest, to enter into a special contract as to the duration, kind
and place of board, entertainment, or lodging to be furnished such guest and the price therefor
to be paid. If such guest refuses to enter into such contract and to accept board, entertainment,
or lodging under the terms and conditions so proposed by the hotel, the hotel may refuse to
receive or entertain such guest and because of such refusal shall not incur any liability
whatever. Such special contract must be in writing and signed by both parties, and by such
contract a hotel may vary its liability for the safety of the goods of its guests. (Code 1876,
§525; Code 1886, §1326; Code 1896, §2540; Code 1907, §4539; Code 1923, §8315; Code 1940,
T. 24, §11; Acts 1959, No. 412, p. 1046, §1.)...
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7-2-308
Section 7-2-308 Absence of specified place for delivery. Unless otherwise agreed: (a) The place
for delivery of goods is the seller's place of business or if he has none his residence; but
(b) In a contract for sale of identified goods which to the knowledge of the parties at the
time of contracting are in some other place, that place is the place for their delivery; and
(c) Documents of title may be delivered through customary banking channels. (Acts 1965, No.
549, p. 811.)...
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7-2-323
Section 7-2-323 Form of bill of lading required in overseas shipment; "overseas."
(1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. &
F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading
stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. &
F., received for shipment. (2) Where in a case within subsection (1) a tangible bill of lading
has been issued in a set of parts, unless otherwise agreed if the documents are not to be
sent from abroad the buyer may demand tender of the full set; otherwise only one part of the
bill of lading need be tendered. Even if the agreement expressly requires a full set: (a)
Due tender of a single part is acceptable within the provisions of this article on cure of
improper delivery (subsection (1) of Section 7-2-508); and (b) Even though the full set is
demanded, if the documents are sent from abroad the person tendering an incomplete set may...

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