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

sale. the buyer repudiates the contract
or the sale notifies the seller 10 pro-
ceed no further Herewith. the buyer shall
be liable 10 the seller for no greater dam
ages than the seller would have suffered
II he did nothing towards carrying out
the contract or the sale after receiving
notice of the buyers Reputation or coun-
termand. The profit the seller would have
made il he-contract or the sale had been
fully performed shall be considered I'm
estimating such damages.
Sec. e5.-tWhen Seller May Rescind Con-
tract or Sale.l Where the goods have not
been delivered 10 the buyer and the buy
er has repudiated the contract 10 sell or
sale. or has manifested his inability 10
perform his obligation hereunder. or has
committed a material breach thereof. the
seller may totally rescind the contract or
the sale by giving notice OF his election
30 10 do TO the buyer.
REMEDIES OF THE BUYER.
Sec. 66.-lAction for Converting or De-
tanning Goods.l Where the property in
the goods has passed TO the buyer and
the seller wrongfully neglects or refuses
TO deliver the goods. the buyer may main
tain any action allowed by law TO the
owner of goods OF similar kind when
wrongfully converted or withheld.
Sec. 67-tAction for Failing To Deliver
Goodsl a. Where thei property in the
goods has not passed TO the buyer. and
the seller wrongfully neglects or refuses
to deliver the goods the buyer may
maintain an action against the seller for
damages for non-delivery.
CD The measure OF damages is the loss
directly and naturally resulting I'm the or
| dinary course of events. from the seller 5
breach OF contract.
CD Where there Is an available market
| for the goods i'm question, the measure
| OF damages in the absence OF special cir
lima dam
] of a greater amount is the difference be-
| tween the contract price and the market
| or current price of the goods at the time
| or times when they ought TO have been
delivered, or. II no time was fixed. then
| at the time Of the refusal TO deliver.
Sec. 6s.-[Specihc Performance Where
the seller has broken contract 10 de-
liver specific or ascertained goods. a court
| having the powers Of court OF equity
may, II IL thinks ft. on the application OF
| the buyer. by its judgment or decree di-
| rect that the contract shall be performed
| specifically, without giving the seller the
option Of retaining the goods on payment
| of damages The judgment or decree may
| be unconditional, or upon such terms and
conditions as 10 damages, payment OF the
| price and otherwise, as to the court may
seem just.
| Sec 69-[Remedies for Breach OF War
| ranty.l % Where there is breach OF
!,
| at his election
Ia Accept or keep the goods and set
| up against the seller the breach OF war
ranty by way of recoupment in diminu-
| ton or extinction Of the price.
| o. Accept or keep the goods and main
| tain an action against the seller for dam
ages for the breach OF warranty:
(c) Refuse to accept the goods, II the
| property therein has not passed, and
maintain an action against the seller for
| damages for the breach Of warranty;
Id Rescind the contract to sell or the
| sale and refuse to receive the goods. or IL
| the goods have already been received, re-
| turn them or offer TO return them to the
seller and recover the price or any part
! thereof which has been paid.
(2) When the buyer has claimed and
| been granted remedy in any OF these
| ways, no other remedy can thereafter be
| granted.
| (3) Where the goods have been deliv-
| cred TO the buyer he can not rescind the
! sale IL he knew of the breach of war
| ranty when he accepted the goods, or IL
| he fails to notify the seller within rea-
| sonable time Of the election to rescind. or
| IL he fails TO return or to offer TO return
| the goods to the seller In substantially as
| good condition as they were I'm at the
| time the property was transferred to the
| buyer. But IL deterioration or injury OF
| the goods Is due to the breach OF war
| ranty, such deterioration or injury shall
| not prevent the buyer from returning or
| offering to return the goods to the seller
| and resembling the sale.
| "a Where the buyer Is entitled to re-
'scind the sale and elect to do SO, the
l buyer shall cease to be liable for the
price upon returning or Offering to return
the goods. IL the price or any part there
Z of has already been paid, the seller shall
| be liable to repay so much thereof as
hae tsrffh fha Ta-
| turn of the goods. or Immediately after
| an offer to return the goods In exchange
| for repayment OF the price.
90 Where the buyer is entitled to re-
scind the sale and elects to do so, II the
seller refuses TO accept an offer OF the
buyer TO return the goods. the buyer shall
| thereafter be deemed to hold the goods
| as bailee for the seller but subject to a
lien to secure the repayment of any por-
| ton of the price which has been paid,
I and with the remedies for the enforce
ment OF such lien allowed to an unpaid
seller by section 53
(6) The measure Of damages for breach
| of warranty is the loss directly and nat
urally resulting, In the ordinary course
Of events. from the breach OF warranty.
} Cd In the case Of breach Of warranty
OF quality. such loss In the absence Of
special circumstances showing proximate
damage OF a greater amount. Is the diff
at the time OF delivery to the buyer and
the value they would have had II they
had answered to the warranty.
Sec. 20. - Interest and Special Dam
ages.l Nothing in this act shall affect
the right OF the buyer or the seller to re-
cover interest or special damages In any
case where by law interest or special
damages may be recoverable, or TO re-
cover money paid where the consdera-
| ton for the payment OF 1t has failed.
t PART vi.
INTERPRETATION.
Sec. 1.-tvariation OF Implied Obliga-
tions Where any right. duty. or liabil-
ity would arise under a contract to sell
or sale by implication OF law. II may be
negatived or varied by express agreement
or by the course Of dealing between the
parties. or by custom. II the custom be
such as to bind both parties 10 the con-
tract or the sale.
Sec. 72-tRights May be Enforced by
Action.l Where any right. duty. or LA
bility Is declared by this act. II may. un-
less otherwise by this act provided. be
enforced by action.