The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-08-21

ehe appointed destination. the carrier or
other bailse Acknowledges TO the buyer or
his agent that ne hol = ehe goods on his
behalf and continues in possession Of
them as bailee for the buyer. or his agent;
and ii is immaterial that further desti-
nation for the goods may have been indi-
Gated by the buyer:
(c) IL the carsser or other bailee wrong
fully refuses 10 deliver the goo.ls 10 the
olver. or his agent In that behalf.
f3D III goods are delivered 10 a ship char
tered by the buyer. IL is a question de-
pending on the circumstances OF the par
tlcular case, whether they are in the pos
session Of the master carrier. or as
agent Of the buyer.
a. II part delivery OF the goods has
been made 10 the buyer. or his agent in
that behalf the remainder OF the goods
may be stopped in transitu unless such
part delivery has been made under such
circumstances as 10 show an agreement
with the buyer TO give up possession OF the
whole of the goods.
Sec. 5e.-tWays OF Exercising the Right
to Stop.l a. The unpaid seller may exer
else his right Of stoppage in transitu either
by obtaining actual possession OF the
goods. or 10y giving notice OF his claim 10
the carrier or other bailee in whose pos
session the goods are. Such notice may
be given either To the person I'm actual
possession OF the goods or to his principal.
In the latter case the notice TO be effect
n
such circumstances that the principal, by
the exercise of reasonable diligence, may
prevent delivery 10 the buyer.
Cd When notice OF stoppage in transitu
is given by the seller 10 the carrier. or
other baiee in possession OF the goods ne
must redelver the goods TO. or according
TO the directions Of the seller. The eX-
penses OF such redelivery must be borne
by the seller. II. however a negotiable
document of title representing the goods
has been issued by the carrier or other
bailee ne shall not be obliged to deliver or
justified in delivering the goods TO the
seller unless such document is first sur
rendered for cancellation.
RESALE BY THE SELLER.
Sec. GO.-[when and How Resale May be
Made.l %. Where the goods are OF a per-
ishable nature, or where the seller ex-
pressy reserves the right OF resale in
case the buyer should make default, or
where the buyer has been in default In
the payment of the price an unreasonable
time an unpaid seller having n right of
lien or having stopped the goods i'm tran
stu may resell the goods. He shall not
thereafter be liable TO the original buyer
upon the contract to sell or the sale or for
any profit made by such resale. but may
recover from the buyer damages for any
loss occasioned by the breach of the con-
tract or the sale.
CD Where a resale is made. as author
lied in this section. the buyer acquires a
good title as against the original buyer.
90 1t is not essential to the validity Of
a resale that notice of an intention to re-
sell the goods be given by the seller TO the
original buyer But where the right TO re-
sell is not based on the perishable nature
of the goods or upon an express provision
of the contract or the sale, the giving or
failure to give such notice shall be reie-
want in any issue involving the question
whether the buyer had been in default an
al inn before
made.
a. II is not essential to the validity of
a resale that notice OF the time and place
Of such resale should be given by the
seller to the original buyer.
(5.) The seller is bound to exercise rea-
eonable care and judgment in making a
resale, and subject to this requirement
may make a resale either by public or pri-
vate saie.
RESCISSION BY THE SELLER.
Sec. 6l-[when and How the Seller May
Rescind the Sale.l o. An unpaid seller
having a right of lien or having stopped
the goods in transitu. may rescind the
transfer Of title and resume the property
in the goods where he expressly reserved
the right to do so In case the buyer
should make default. or where the buyer
has been in default in the payment OF the
price an unreasonable time. The seller
shall not thereafter be liable to the buyer
upon the contract to sell or the sale, but
may recover from the buyer damages for
any loss occasioned by the breach OF the
contract or the sale
CD The transfer OF title shall not be
held TO have been rescinded by an unpaid
seller until ne has manifested by notice TO
the buyer or by some other overt act an
intention to rescind. IL is not necessary
that such overt act should be commune
Gated to the buyer, but the giving or rail-
ure to give notice to the buyer OF the in
tention TO rescind shall be relevant in any
issue involving the question whether the
buyer had been in default an unreasonable
time before the right OF rescission was
asserted.
Sec. 62.-tEffect Of Sale OF Goods Subject
20 Lien or Stoppage in Transitu.l Subject
TO the provisions OF this act, the unpaid
sellers right OF lien or stoppage in tran
stu is not affected by any sale. or other
disposition of the goods which the buyer
may have made, unless the seller has as
sented thereto.
H. however, negotiable document OF
title has been issued for goods, no seller s
lien or right of stoppage In transitu shall
defeat the right OF any purchaser for
value in good faith to whom such docu-
ment has been negotiated whether such
negotiation be prior or subsequent TO the
notification to the carrier or other bailee
who issued such document. OF the seller
claim TO a lien or right OF stoppage In
transitu
ACTIONS FOR BREACH OF THE
CONTRACT.
REMEDIES OF THE SELLER.
Sec 63-[Action for the Price.l a.
Where under a contract to sell or a sale.
the property in the goods has passed to
the buyer. and the buyer wrongfully neg
lects or refuses to pay for the goods ac-
cording to the terms OF the contract or the
sale the seller may maintain an action
against him for the price Of the goods.
CD Where. under contract TO sell or
q sale the price is payable on day GER
tain irrespective of delivery or OF trans
fer or title, and the buyer wrongfully
neglects or refuses to pay such price. the
seller may maintain an action for the
price. although the property In the goods
has not passed, and the goods have not
been appropriated TO the contract. But II
ehall be a defense to such an action that
the seller at any time before Judgment
IN such action has manifested an inabil-
fly 10 perform the contract or the sale on
his part or an intention not TO perform IL.
(3) Although the property In the goods
has not passed. II they can not readily be