Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-11
~ giving notice of his election

SSe has passed to the buyer and
teller wrongfully neglects or re-
fuses to deliver the s gS,ods, ., the buyer
mn! - the owner Of goods Of similar
law LAVA when wrongfully converted or
wi sse a.. u) Where the property
l.. The goods has not passed to the
, nu or refuses to deliver the goods.
M huyer may maintain an action
Ia r,,n,t the seller for damages for
"on delivery.
~. directly and naturally resulting
io',,e ordinary course of events. from
~ sellers breach OF contract.
'',c Where there is an available
artct for the goods in question. the
measure OF damages. in the absence
~ special circumstances showing
",oximate damages OF greater
armnlut. ia the difference between the
""nn,raet price and the market or cur
on, price Of the goods at the time
~ tines when they ought to have
h.en delivered. or If no time was
v,ed then at the time of the refusal
10 deliver.
- a contract To deliver specific or
asrertained goods. court having
80 MOVERS of a court of equity may.
-, thinks fit, on the application of
,ha buver. by its Judgment or decree
"n,c, that the contract shall be per-
.armed specifically without giving the
caller the option OF retaining the
'"nads on payment of damages. The
--,1gmcnt or decree may be uncon-
.Jjti1ral. OF upon such terms and con-
Iit;ous as to damages. payment of
nv nrirr aud otherwise, as to the
co,,rt may seem just
Ser -. 90 Where there is a
,raach Of warranty by the seller, the
hnycr may. at his election
wy la) Accept or keep the goods
onJ set up against the seller. the
%rearh Of warranty by way OF re-
equipment in dininutlon or eXtlnc-
lion of the price;
,o Accept or Keep the goods and
maintain an action against the
seller for DAMAGES for the breach
Of warranty
- tho property therein has not
rasscd. and maintain an action
a%ainst the seller for damages for
ne breach of warranty;
t,D Eescind the contract to sell
or the sale and refuse to receive
~ goods. or # the goods have al
rradv been received. return them
nv offer to return them TO the seller
and recover the price or amy part
thereof Which has been paid.
~ when the buyer has claimed
and hecu granted remedy Ill any
nne Of these Ways, no uther remedy
c,n thereafter he granted.
I,, Where the goods have been de-
Ii,rr.1 to the buyer, lie cannot re-
scind the sale if lie knew of the
breach Of warranty when he accepted
The goods. OF II he fails to notify the
seller within a reasonable time or
The election to rcscind, or IT he falls
tn reluru OF; to offer To return the
Goods to the seller in substantially
az good condition rs they were IN
at the time the property was trans
ferrcd to the buyer. But If deterlo-
ra,jon ar injury of the goods is due
IN the breach of warranty, such de-
,orinratiou or injury shall not pre-
vent the buyer from returning or
overing to return the goods TO the
seller and resembling the sale.
~ Where the buyer is entitled 10
rescind the sale and elects TO 90 so.
The buyer shall cease to be liable tor
,be price upon returning or ofterlhg
Ia return the goods. If the price or
any mart thereof has already beeh
naid lie seller shall he liable to re-
nav So much thereof s has been paid,
roncurreutly with the return OF the
goods. or Immediately after an oner
n return the goods in exchange IoF
repaymcut of the price.
"a Where the buyer is entitleu 10
rescind the sale and elects to do SO,
- The seller refuses to accept an
offer of the buyer to return the soous;
tho huyer shall thereafter be deemed
IN hold the goods as baliee Tor the
seller. but subject to lien to secure
the repa ymcnt of any portion OF we
nrice which has been paid. ana Win
,ba remedies for the enforcement OF
such lien allowed to an unpaid seller
bv section tifty-thrce. <ox
"a The measure OF damages Tor
breach of warranty is ne ios IS t a.,
rectly and naturally resulting FAN III me me
ordinary course of events from inc
tua''L oe Warranty
~ In ,hc case of breach or war
r,ntv OF quality, such loss. ~ me
aI,soncc OF special cirrumstahceS
tr,,iny nroximate damage OF a
HnoM MS ,,nnunt is the difference be-
;su,an tLe Value or the goods at 1he
49,, ,C delivery to the buyer ana
,i'ne ,iuo they would have if they
ND answered to the warranty.
,ffoct inc right Of the buyer or Inc
~ 70 rccoyer interest or special
sei,ei ae in amy case where by law
,m,arsst or special damages may pc
i,'le,.1 or IN recover money paid
,.hore Tho consideration for the pay
''N'''
DAFT VT
1>.rt.IlpEt,TA ALTON
We ,rv right. duty or
liability would arise undf imniication
tract to sell or sale ~ ,uad or va
OF law. II may NC ~, or by the
red by express agreement " n' mar.
course of deailhS pte ,nstom he
ties, or by custom ,.ias tn the
sucn as To BIND both pai 'i
contract or the sale. ,,. ar+v ar
Sec. -. Where any Ilsnhii, ~, aci il
liability is declared pS Inns MS act
may. unless OTHERWISE W ,t;nn
provided, be enforccu Wy nrnv;ded
Sec, Is. In any cast ny law and
for in this act. the ruies Oh Ia" ant
equity, including inc law rai.tin, :,
and IN particular lht "a agent
to the law OF prlncipdi anI ranre-
and To the effect Oh IL auu, Mis-