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

az Unless otherwise agreed. where
goods are sent by the seller 10 the buyer
under circumstances In which the seier
knows or ought TO know that II Is usual
to insure. the seller must give such notice
to the buyer as may enable him TO insure
them during their transit and. IL the sell
er fails 10 do so. the goods shall Do
deemed to be at his risk during such
transit.
See. 47-TRight to Examine the Goods
a. Where goods are delivered TO the buy
er which he has not previously examined.
he is not deemed 10 have accepted then,
unless and until he has had reasonaDle
opportunity of examining them for tho
purpose Of ascertaining whether they ara
I'm conformity with the contract
CD Unless otherwise agreed. when the
seller tenders delivery of goods 10 the
buyer. he is bound. on request. to afford
the buyer reasonable opportunity of ex-
amining the goods for the purpose of as
certaining whether they are in conformity
with the contract.
81 Where goods are delivered TO a car
rier by the seller. i'm accordance with an
order from agreement with the buyer,
upon the terms that the goods shall not
be delivered by the carrier TO the buyer
until he has paid the price. whether such
terms are indicated by marking the goods
with the words Collect on Delivery, or
otherwise the buyer is not entitled 10 ex-
anime the goods before payment of the
price in the absence OF agreement permit
ting such examination.
Sec. 4s.-[What Constitutes Acceptance
The buyer is deemed TO have accepted the
goods when he intimates to the seller that
he has accepted them. or when the goods
have been delivered to him. and he does
any act in relation to them which Is in
consistent with the ownership of the sell
er, or when. after the lapse of a reason
able time, he retains the goods without in
timating to the seller that he has rejected
them.
Sec @.-tAcceptance does not Bar Ac-
ton for Damagesl In the absence Of ex-
press or implied agreement of the parties,
acceptance of the goods by the buyer
shall not discharge the seller from liza
bility in damages other legal remedy
for breach OF any promise or warranty in
the contract TO sell or the sale. But. IL.
after acceptance OF the goods, the buyer
fail to give notice to the seller Of the
breach of any promise or warranty within
a reasonable time after the buyer knows,
or ought to know, of such breach, the
seller shall not be liable therefor.
Sec 50.-[Buyer is not Bound to Return
Goods Wrongly DeliverSd.l Unless other
wise agreed. where goods are delivered to
the buyer and he refuses to accept them,
having the right so TO do. he Is not bound
to return them to the seller. but it is suf-
ficient If he notifies the seller that he re-
fuses to accept them
Sec 51.-[Buyers Liability for Failing
to Accept Delivery.1 When the seller is
ready and willing to deliver the goods.
and requests the buyer to take delivery,
and the buyer does not within a reasona-
bic time after such request take delivery
Of the goods. he is liable TO the seller for
any loss occasioned by his neglect re-
fusal TO take delivery. and also for a rea-
sonable charge for the care and custody
of the goods. IL the neglect or refusal Of
the buyer to take delivery amounts to a
reputation or breach of the entire con-
tract, the seller shall have the rights
against the goods and on the contract
hereinafter provided in favor Of the seller
when the buyer is in default.
PART w.
RIGHTS OF UNPAID SELLER
AGAINST THE GOODS.
Sec. 52-[Defintion of Unpaid Sellerl
a. The seller of goods is deemed to be an
unpaid seller within the meaning of this
act
(a) When the whole Of the price has not
been paid or rendered.
o. When a bill of exchange or other
negotiable instrument has been received
as conditional payment, and the condition
on which IL was received has been broken
by reason of the dshonor of the instru-
ment, the insolvency of the buyer, or 9TH
erwise.
(2) In this part Of this act the term
"seller" includes an agent of the seller to
whom the bill of lading has been en-
dorsed. or consignor or agent who has
for, the price, or any other person who Is
in the position of seller.
Sec. Sd Remedies of an Unpaid Seller
a. Subject to the provisions Of this act.
notwithstanding that the property in the
goods may have passed to the buyer, the
unpaid seller of goods as such. has
(a) A lien on the goods or right to re-
tain them for the price while he is in pos
session Of them.
o. In case of the insolvency OF the
buyer. right OF stopping the goods In
transitu after he has parted with the pos
session Of them.
(c) A right of resale as limited by this
act
Id A right to rescind the sale as lin
tied by this act
(2) Where the property in goods has not
passed to the buyer. the unpaid seller has.
In addition to his other remedies. right
of withholding delivery similar to and CO.
extensive with his rights OF lien and stop
page "in transitu' where the property has
passed to the buyer
UNPAID SELLERS LIEN.
Sec. 5i.-[When Right of Lien may be
Exercised ID Subject to the provisions
OF this act. the unpaid seller of goods
who is in possession Of them is entitled to
retain possession of them until payment
or tender OF the price in the following
cases, namely:
(a) Where the goods have been sold
without any stipulation as 10 credit.
CO. Where the goods have been sold on
credit. but the term OF credit has expired.
(c) Where the buyer becomes insolvent.
CD The seller may exercise his right OF
lien notwithstanding that he Is in posses
sion OF the goods agent or bailee for
the buyer.
Sec. 55.-[Lien after Part Deliveryl
Where an unpaid seller has made part de-
livery OF the goods, he may exercise his
right of lien on the remainder, unless
such part delivery has been made under
such circumstances as to show an intent
to waive the lien or right of retention.
Sec 56-tWhen Lien Is Lost.l o. Tho
unpaid seller OF goods loses his lien there
on
"a When he delivers the goods to
carrier or other baiee for the purpose OF
transmission 10 the buyer without reserv-
ing the property in the goods or the right
to the possession thereof.
CO. When the buyer or his agent law
fully obtains possession OF the goods.
(c) BY waiver thereof.
C2) The unpaid seller OF goods. having