Page:United States Statutes at Large Volume 76A.djvu/239

–143– -143§ 1501. E£fect of sale of goods subject to lien or stoppage in transitu Subject to the provisions of this chapter, the unpaid seller's right of lien or stoppage in transitu is not aflfected by any sale, or other disposition of the goods which the buyer may have made, unless the seller has assented thereto. If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subseauent to the notification to the carrier, or other bailee who issued such document, of the seller's claim to a lien or right of stoppage in transitu. Subchapter V—Action for Breach of Contract Article A—Remedies of the Seller § 1511. Action for the price (a) Where, under a contract to sell or a sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods. (b) Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the 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 it shall be a defense to 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 his part or an intention not to perform it. (c) Although the property in the goods has not passed, if they can not readily be resold for a reasonable price, and if section 1512(d) of this title is not applicable, the seller may offer to deliver the goods to the buyer, and ir 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 buyer's and may maintain an action for the price. § 1512. Action for damages for nonacceptance of goods (a) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for aamages for nonacceptance. (b) The measure of d a m a n s is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract. (c) Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or 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. (d) If, while labor or expense of material amount are necessary on the part of the seller to enable him to fulfill his obligations under the contract to sell or the sale, the buyer repudiates the contract or the sale, or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for no greater damages than the seller would have suffered if he did nothing toward carrying out the contract or the sale after receiving notice of the buyer's repudiation

�