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

reject the rest or ne may REJECT 'he
(4) The provisions Of this section
are subject to any usage Of trade. spe-
cial agreement. or course OF dealing be-
tween the parties
Sec. As. "a Unless otherwise agreed.
the buyer of goods is not bound to ac-
cept delivery thereof by instalments. -,
I2) Where there Is a contract to sell
goods to be delivered by stated install
ments. which are to be separately paid
for. and the seller makes defective de-
liveries in respect of one or more IN
stalments. or the buyer neglects or re-
fuses to take delivery Of or pay Tor
one or more instruments, II depends IN
each case on the terms of the contract
and the circumstances Of the case.
whether the breach of contract is SO
material rs to justify the injured party
in refusing to proceed further. and
suing for damages for breach OF the
entire contract, or whether the breach
is sevcrable. giving rise to cain
for compensation but not to right
to treat the whole contract as broken. -.
Sec. 46 % Where. in pursua nee OF
a contract to sell or a sale. the seller
is authorized or required to send tne
goods to the buyer. delivery of the
goods to a carrier, whether named by
the buyer or not. for the purpose OF
transmission TO the buyer is deemed to
be a delivery of the goods to the buyer
except in the cases provided Tor in Sec
tlOn nineteen, Tulc i've, VI uIlSSS q SNAA
trary intent appears.
(2) Unless otherwise authorized by
the buyer, the seller must make sucn
contract with the carrier on behal1 OF
the buyer is may be reasonable, having
regard to the nature of the goods anc
the other circumstances of the case. Ii
the seller omit so to do. and the goods
are lost or damaged in course or tran
sit, the buyer may decline TO treat tne
delivery to the carrier as delivery &c
himself, or may hold the seller respoH'
Sible in damages.
(3) Unless otherwise agreed. where
goods are sent by the seller to the puy
err under circumstances IN "nlc!l ",
seller knows or ought to know that ~ u
usual to insure. the seller must give
such notice to the buyer as may enaDle
him to insure them during their tran
sit and, if the seller fails TO 90 So IN,
goods shall be deemed to be at his rlsF
during such transit
Sec. Al. % Where goods are de,
liyered to the buyer, which he has moi
previously examined, he is not deemec
to have accepted them unless ana unli
he has had a reasonable opportunity ol
examining them for the purpose or as
ccrtainng whether they are IN con
formity with the contract.
CD Unless otherwise agreed wher
the seller tenders delivery OF goods u
the buyer, he is bound. on request, u
afford the buyer a reasonable oppor
tunity of examining the goods for TN
purpose of aScertaining whether the!
are in conformity with the contract.
90 Where goods arc delivered to
carrier by the seller, in accordance
with an order from or agreement VIII
the buyer upon the terms that tn
goods shall not be delivered, by IN
carrier to the buyer until he has pal'
dicated by marking the goods witt
words collect Oh delivery. or other
wise. the buyer is not entitled to cx
anime the goods before payment o
the price in the absence of agrcemen
permitting such examination.
Sec. As. The buyer is deemed 9
have accepted the goods when he init
mates to the seller that hn has accept
ed them. or when the goods have beel
delivered to him. and he does any &C
in relation to them which Is lncon
sistent with the ownership of the seller
or when, after the lapse of Il reason
able time he retains the goods withou
intimating to the seller that he has re
jected them.
Sec. ~. In the absence OF express
or implied agreement of the parties
acceptance of the Goods by the buye
shall not discharge the seller from liza
bility in damages or other legal rem
cdy for breach of any promise or war
ranty in the contract to sell or the Sa 10
But, if, after acceptance of the goods
seller of the breach of any promise O.
warranty within a reasonable tlm'
after the buyer knows. or ought t.
l.now of such breach, the seller shall
Sec. so. Unless otherwise agreed
whore goods are delivered to the buyer
and he refuses to accept them. havln'
the right so to do. he IS not bouno L
return them to the seller. but it is sui
ficient if he notifies the seller that N
refuses to accept them.
Sec. 81. When the seller is read!
and willing to deliver the goods, ant
requests to buyer to take delivery. am
the buyer does not within a rea sonabl
time after such request take deliver.
of the goods. he is liable to the selle
for any loss occa stoned by his neglec
or refusal to take delivery. and ais
for a reasonable charge for the car
and custody of the goods. If the neg
lect or refusal of the buyer to take de
livery amounts to reputation o
breach of the entire contract, the selle
shall have the right against the good
and on the contract hereinafter provid
ed in favor of the seller when the buye
III 0e-"0''' pARTIv
RIGHTS OF UNPAID SELLEF
AGAINST THE GOODS >.
Sec. 50. % The seller of goods i
the meaning of this act
(a) When the whole of the price ha
not been paid or rendered.
OBJ When bill of exchange or othe
negotiable instrument has been re
ccived as conditional payment. and TIL
condition on which it was received ha
been broken by reason of the dishono
of the instrument. the insolvency OF TIT
buyer. or otherwise.
CD In this part of this act the tern
seller includes an agent of the selle
to whom the bill of lading has beef
Endorsed. or consignor or agent Wit
has himself paid. or is directly respon
siblc for. the price: or any other person
Sec. So. GD Subject to the provis
ions of this act, notwithstanding tina
the property in the goods may have
passed to the buyer. the unpaid Selle
of goods, as such. has
ta) An lien on the goods or right u
retain them for the price while he il
in possession Of them;
tb) In case Of the insolvency of tn,
buyer, a right of stopping the goods
in transitu after he has parted will
the possession of them;
(c) A right of resale as limited b!
this act;
(d) 4 right to rescind the sale a.
limited by this act.
(2) Where the property in goods ha
not passed to the buyer. the unpai'
seller has. in addition to his other rem
edics. a right of Withholding deliver,
similar to and coeXtensive with hi:
rights OF lien ana StopnaSe IN StanS1t'
where the property has passed to thu
buyer.
See. a. U) Subject to the provis
ions of this act, the unpaid seller O
goods who is in possession of them i:
entitled to retain possession of then
until payment or tender of the price il
tic following cases, namely:
(a) Where the goods have been soil
without any stipulation as to credit;
CD Where the goods have been SOLE
on credit. but the term of credit ha!
expired:
Co Where the buyer becomes in
solvent.
(2) Tho scllcr may exercise his RICH
of lien not withstanding that he is il
pncSccSipp nf tho goods as agent q