Cap. 16 Art. 1389Failure to deliver things which have , to be weighed counted or measured.

Where the seller has bound himself to deliver, within a specified time, things which have to be weighed, counted or measured, he shall not be deemed to perform the obligation if he refuses to deliver the things to the buyer who presents himself to take delivery thereof in sufficient time for the things to be weighed, counted or measured before the expiration of the time so specified:

Provided that where the seller is ready to make delivery of the things in sufficient time so that the weighing, counting or measuring thereof may be conveniently commenced before the expiration of the specified time, it shall not be lawful for the buyer, even though he shall have previously in vain presented himself to take delivery of the things, to demand the dissolution of the sale, saving his right to maintain an action for damages as provided in articles 1385 and 1386.