Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-11

go Goods sre no longer IN tr....
within the I'M meaning ins- OF SECTION 81. wv
that behalf. obtains delivery agent .f y
goods before their arrival Il ~ ~. Ms
pointed destination; "s -.
OBJ II, after the arrival os :.
goods at the appointed destination, x.
to the buyer or his agent that he hafIsss
| the goods on his behalf and con,ir.los
in possession Of them as bailes
the buyer or his agent; and It il LOT
the goods may have been indicated Sy
7 (c) If the carrier or other han.
wrongfully refuses to deliver Me
goods. to the buyer or his agent in tSs h,
go If goods are delivered to . .,,.
| chartered by the buyer, it is A nus.. Emp
depending on the circumstance Of IN
particular case. whether they are T.
rier or as agent Of the buyer. saf'
| a. If part delivery of the roos.
has been made to the buyer. or ~
agent in that behalf. the remainde,n as
the goods may be stopped in transitu
made under such circumstance :.
show an agreement with the buvss
give up possession Of the whole Of N.
goods. ~s
exercise his right Of stoppage in INA, may
stu either by obtaining actual nos'
session of the goods or by riyr us
notice Of his claim to the carrier
other bailee in whose possession M
| goods are. Such notice may be r,v w
either to the person in actual possss
sion of the goods or to his princirs,
In the latter case the notice. to be- n.
fectual. must be given at such lin.
principal. by the exercise Of reason.
able diligence, may prevent q deliver
to the buyer.
(2) When notice Of stoppars .,
transitu is given by the seller TO TIM
carrier. or other bailee in possession -
the goods, he must redeliver the sooT.
to, or according to the directions o. IN
seller. The expenses Of such deliver
must be borne by the seller. II. how.
ever, negotiable document OF iii.
representing the goods has been ;a
sued by the carrier or other bailee i.
shall not be obliged to deliver or iirs
titled in delivering the goods to d.
seller unless such document Is frst
surrendered for cancellation.
Sec. 60. % Where the goods a..
Of perishable. nature, or where ths
seller expressly reserves the right ~
resale in case the buyer should m,is
default or where the buyer has BEEN
in default in the payment Of the rries
an unreasonable time, an unpaid sells,
having a right of lien or having sion.
ped the goods in transitu may resell
the goods. He shall not thereafter bs
liable to the original buyer upon ,Ss
contract to sell or the sale or for snv M,
profit made by such resale. but NAV
recover from the buyer damages n,
any loss occasioned by the breach Of
the contract or the sale.
p Where a resale is made a. au
thorized in this section. the buyer ae.
quires good title as against the
original buyer.
go Is is not essential to the valid.
1ty Of resale that notice of an in.
tcntion to resell the goods be given
by the seller to the original buyer
But whore the right to resell Is moi
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 unreasonable time before
the resale was made.
90 1t is not essential to the valid.
ity of q resale that notice of the tina
and place of such resale Should BE-
given by the seller to the Original
buyer.
(5) The seller is bound n exercis.
reasonable care and judgment in max.
ing resale. and subject to this ne
Guirement may make a resale either
by public or private sale.
Sec. 81. % An unpaid seller hav.
ing the right of lien or having stopped
I tIiC SoouS III tIdHSllu. may TeSClQ0 the
transfer of title and resume the prop.
erty 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 there after
be liable to the buyer upon the con.
tract to sell or the sale. but may ne.
cover from the buyer damages for any
loss occasioned by the breach of H.
| contract the sale
CD The transfer Of title shall not
De held to have been rescinded by an
unpaid seller until he 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 communicated to the buyer,
but the giving or failure to give notice
to the buyer of the intention to rescind
ing the question whether the buyer
mad been in default an unreasonable
time before the right of rescission was
asserted
Sec: 81. Subject to the provision. Of
this act. the unpaid sellers right Of
lien or stoppage in transitu is not az.
fected by any sale. or other tlfspos;.
ton of the goods which the buyer may
sented thereto
If: however. a negotiable document
Oh ute has been issued for goods no
sellers lien or right of stoppage in
tranSltu shall defeat the right Of any
purcnaser for value in good faith to
Whom such document has been nego-
llated, whether such negotiations be
prior or subsequent TO the notifica.
ZION 70 the carrier. or other bailee who
ISSUED Such document, of the sellers
in tranSitu.
ACTION FOR BREACH OF THE
I II
Sec. 63. % Where. under a con.
tract to sell or a sale. the property in
me goods has passed to the buyer, and
me buyer wrongfully neglccts or re-
to tho 70 pay Tor the goods according
sale' the seller may maintain an ac.
.lon against him for the price Of the
50 Where under contract to
sen or sale. the price is
tive of delivery or of transfer Of
que. and the buyer wrongfully neg
IeGts or refuses to pay such price, the
seller may maintain an action for the
piiee. although the property in the
Sooos mas not passed, and the goods
naNe not been appropriated to the
contract. But it shall be a defense
10 Such an action that the seller at
any time before judgment in such
action has manifested an inability TO
perform the contract or the sale on
has part or an intention not to per-
form it.
go Although the property in the
goods has not passed. if they cannot
readily be resold for IL reasonable
price, and If the provisions of Sec
,ion slNty-f"ur ca are not applica-
pc pc INC seller may offer to deliver
the goods to the buyer, and, II the
buyer refuses to receive them, may
notify the buyer that 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.