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

prior or subsequent to the nOt1f1cat1 ton
to the carrier, or other bailee who is
sued such document, of the sellers
claim to lien or right of stoppage in
tranSitu.
Section 16S4t-63. /. Where, under
a contract to sell or sale, the prop
erty in the goods has passed to the
BUYER, and the buyer wrongfully neg
lects or refuses to pay for the goods &C
the sale, the seller may maintain an
action against him for the price of the
| goods.
2. Where, under a contract to sell or a
sale. the price is payable on day GER
tain, irrespective of delivery or Of trans
fer of title and the buyer wrongfully
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
that the seller at any time before judg-
ment in such action has manifested an
inability to perform the contract or the
sale on his part or an intention not to
perform 1t.
3. Although the property in the goods
has not passed. if they cannot readily
the PROVISIONS of subsection 4, of SEQ
ton 16S4t-64. are not applicable the
seller may offer to deliver the goods to
the buyer, and, if the buyer refuses, to
the goods are thereafter held by the seller
as bailee for the buyer Thereafter the
seller may treat the goods as the buyers
and may maintain an action for the
price
Section 16S4t-64. l. Where the buyer
wrongfully neglects or refuses to accept
and pay for the goods, the seller may
maintain an action against him for dam
2 The measure of damages Is the
estimated loss directly and naturally re-
sulting, in the ordinary course of events,
from the buyers breach Of contract.
Where there ia an aVaIIabla Iyet
for the goods in question, the measure of
damages is, in the absence of special cir
cgmstances, showing prroxim5o:aete damage
Of greater amount, the difference be-
tween the contract price and market or
current price at the time times when
the goods ought to have been accepted.
or, If no time was fixed for acceptance,
then at the time of the refusal to accept.
4. If, while labor or expense of mater
ial amount are necessary on the part of
the seller to enable him to fulfill his OBJ
the sale, the buyer repudiates the con-
tract or the sale, Or notifies the seller
to proceed no further Herewith, the buy
er shall be liable to the seller for no
greater damages than the seller would
have suffered If he did nothing towards
Carrying out the contract or the sale af-
ter receiving notice Of the buyers re-
pudiation or countermand; The profit
the seller would have made if the con-
tract or the sale had been fully perform
ed shall be considered in estimating such
damages.
Section 1684t-s5. Where the goods
have not been delivered to the buyer.
and the buyer has repudiated the con-
tract to sell or sale. or has manifested
his inability to perform his, obligations
Hereunder, or has committed a material
breach thereof, the seller may totally
rescind the contract or the sale by giving
notice so to do to the buyer,
in the, good 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
wrongfuIly converted or withheld.
Section 1684t-67. /. Where the prop
erty in the goods has not passed to, the
or refuses to deliver the goods, the buyer
may maintain an action against the sell
Ter for damages for nondelvery
q The measure Of damages is the
loss directly and naturally resulting in
the ordinary course of events, from the
sellers breach Of contract.
| 8, Where there is an available market
for the goods in question, the measure Of
damages, in the absence of special cir
cumstances showing prOXimate damages
of q greater amount, is the difference
between the contract price and the mar
ket or current price Of the goods at
the time or times when they ought to
have been delivered, or, If no time was
fixed, then at the time Of the refusal
to deliver.
Section 1GS4t-6S. Where the seller has
broken a contract to deliver specific or
ascertained goods, g. court having the
powers &C. Of a court Of equity may, if 1t
by it's judgment or decree direct that
the contract shall be performed speci-
cally, without giving the seller the OPP
ton of retaining the goods on payment
Of damages. The judgment or decree
may be unconditional, or upon such terms
and conditions as to damages, payment
of the price and otherwise. as to the
G0 ITf
Section 1684t-69 l. Where there is
g breach of warranty by the seller, the
buyer may, at his election:
| (a) Accept or keep the goods and set
up against the seller the breach OF
warranty by way of recoupment in d.
nninution or extinction of the price;
(b) Accept or keep the goods and
maintain an action against the seller for
damages for the breach Of warranty;
(c) Refuse to accept the goods, II the
property therein has not passed, and main
tain an action against the seller for dam
lagos for the breach of warranty;
I'D Rescind the contract to sell or the
sale and refuse to receive the goods, or
if the goods have already been received,
return 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 one OF
these ways, no other remedy can there
after be granted.
8. Where the goods have been delivered
TO the buyer, he cannot reSclnd the SAFE
II he knew Of the breach of warranty
when he accepted the goods. or If he
fails to notify the seller within reason
able time of the election to rescind, or if he
fails to return or to offer to return the
goods to the seller in substantially as
good condition as they were in at the
time the property was transferred to the
buyer. But If 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
4. Where the buyer is entitled to re-
scind the sale and elects to do so, the
buyer shall cease to be liable for the
price upon returning or offering to re-
turn the goods. If the price or any part
thereof has already been paid, the seller
shall be liable to repay so much there
Of as has been paid, concurrently with
the return Of the goods, or Immediately
after an offer to return the goods in ex-
change for repayment Of the price
s. Where the buyer is entitled to res
cind the sale and elects to do so, # 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 SUBJ
ject to a lien to secure the repayment
Of any portion of the price which has
ben paid, and with the remedies for the
,P+-,o 81 oil RI