Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04

retain them for the price while ne IS
in possession Of them; o,-.oo.r 81 +,a
buyer, a right Of stopping the goods IN
transitu after he has parted with the
possession OF them; ,..
(c) A right of resale as limited by
Gd) a right to rescind the sale as
limited by this act
not passed to the buyer. the unpaid
seller has, in addition to his other rem
edies, right of Withholding delivery
similar to and coextensive with ms
rights of lien and stoppage in transitu
where the property has passed 10 the
| buyer.
provisions of this act, the unpaid seller
! of goods who is in possession OF them
is entitled to retain possession or them
until payment or tender or the price IN
| the following cases, namely:
(a) Where the goods have been SOLO
| without any stipulation as to credlt;
! (b) Where the goods have been sofa
on credit, but the term OF credlt mas
{c) Where the buyer becomes insol-
2. The seller may exercise his right
of lien Notwithstanding that he is in
bailee for the buyer.
Section 1684t-55. Where an unpaid
| seller has made part delivery or the
goods. he may exercise his right Of
| lien on the remainder, unless such part
delivery has been made under such CIR
cumstances as to shqW VI an 1fi9n -
Section 1684t-56. /. The unpaid
seller of goods loses his lien thereon:
(a) When he delivers the goods to
a carrier or other bailee for the pur-
pose of transmission to the buyer With
| out reserving the property IN the GOODS
| or the right to the possession Thereon !:
| (b) When the buyer or his agent
lawfully obtains possession OF the
! goods;
(c) BY waiver thereof.
2. The unpaid seller of goods, naVing
a lien thereon, does not lose ms llen
by reason only that he has OBTAINED
Judgment or decree for the price or the
| goods.
Section 1684t-57. Subject to the
provisions of this act, when the buYer
| of goods is or becomes 1nsolVenL the
unpaid seller who has parted with. the
possession of the goods has the rlgHt
of stopping them in transltu, that IS 10
say, he may resume possession OF the
goods at any time while they are IN
transitu, and he will then become en-
the goods as he would have had II he
had never parted with the possession:
Section 1684t--58. l. Goods are in
transit within the meaning Of section
(a) From the time when they are de-
livered to a carrier by land or water.
or other bailee for the purpose OF
transmission to the buyer, until the
buyer, or his agent in that behalf,
takes delivery of them from such car
rier or other bailee;
(b) If the goods are rejected by inc
| buyer, and the carrier or other Dallee
continues in possession OF them, even II
the seller has refused to receive them
back. =.
| within the meaning OF section 16o4t-
Ca) If the buyer, or his agent in that
behalf, obtains delivery Of the goods
! hafnva fbaiT q rival Gt tina Amounted
CbJ If, after the arrival Of the goods
at the appointed destination, the car
rier or other baile8 acknowledges to
the buyer or his agent that he holds
the goods on his behalf and continues
in possession of them as bailee for the
! buyer or his agent; and 1t is 1mmater1aI
that further destination for the goods
may have been indicated by the buyer;
Co II the carrier or other bailee
wrongfully refuses to deliver the goods
to the buyer or his agent IN that De-
half.
5. If goods are delivered to a ship
chartered by the buyer, 1t IS question
| depending on the circums tances OF the
particular case. whether they are In the
possession Of the master as a carrier or
as agent Of the buyer.
/. If part delivery OF the goods has
been made 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 to show an
agreement with the buyer to give UP
possession of the whole Of the goods.
Section 1684t--59; 1. The unpaid
page in transitu either by obtaining
actual possession Of the goods, or by
Tier t' or other baiIee in whose possession
the goods are. Such notice may be
given either to the person in actual
possession Of the goods or to his prin-
cipal In the latter case the notice, to
he 9ffaPtn9I- must Da given at SDGn
time and under such circumstances
that the principal, by the exercise Of
reasonable diligence, may prevent
delivery to the, buyer.
2. When notice Of stOppage in tran
stu Is given by the seller to the car
rier, or other bailee in possession Of the
goods, he must redelver the goods to,
or according to the direction OF, the
seller. The expenses Of such delivery
must be borne BY the seller. If, how
ever q negotiable document Of title
representing the goods has been issued
by the carrier or other bailee, he shall
not be obliged to deliver or justified in
less such document Is first surrendered
for cancellation.
Section 1684t-6o, 1. Where the
goods are Of perishable nature, or
where the seller expressly reserves the
right to 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 a right Of lien or having
stopped the goods in transitu may re-
sell the goods. He shall not there
after 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 contract or the sale.
2. Where q resale is made, as au-
thoriZed in this section, the buyer ac-
Quires good tile as against the origt-
nal buyer
8. 1t is not essential to the validity
of e resale that notice of an intention
to resell the goods be given by the
seller to the original buyer. But where
the right to resell 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 relevant in any
issue involving the question whether
} the buyer had been in default an un-
reasonable time before the resale was
made.
4. 1t is not essential to the validity
Of resale that notice of the time and
place of such resale should Ne given by
the seller to the original buyer.
S. The seller is bound to exercise rea-
sOnable care and Judgment In making
a resale, and subject to this require
ment may make resale either by pub
er having a right Of lien or having
stopped the goods in transitu, may re-