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(Civil Code, s. 304.) (2) Deposit the goods with a public authority in accordance with Civil Code, s. 372. (See Schuster, p. 178.) As to mora, accipiendi or refusal to accept the performance tendered by the other contracting party, see Schuster, p. 161. MERCANTILE SALE. 183 If the purchaser is in mora {i) with respect to the furnishing of such specification, the vendor may himself make out the specification instead of the purchaser or claim damages for breach of contract in accordance with sect.... 326 of the Civil Code, or rescind the contract. In the first alternative the vendor must make known to the purchaser the speci- fication he has himself made out, and name a reason- able period within which the purchaser may send in a difPerent one. If no such specification is sent in by the purchaser within the period named, that made out by the vendor is to hold good for the purposes of the contract. 376. If there is a stipulation tliat the performance by one party of his part of the contract must be completed at a definitely fixed time or within a definitely fixed period, the other party may, if it is not so completed, either rescind the contract, or if the defaulting party is in mora (k), may claim damages for breach of contract instead of specific performance thereof.
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