Page:United States Statutes at Large Volume 76A.djvu/240

–144– -144or countermand. The profit the seller would have made if the contract or the sale had been fully performed shall be considered in estimating such damages. § 1513. When seller may rescind contract or sale Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract to sell or sale, or has manifested his inability to perform his obligations thereunder, or has committed a material breach thereof, the seller may totally rescind the contract or the sale by giving notice of his election so to do to the buyer. Article B—Remedies of the Buyer § 1514. Action for converting or detaining goods Where the property in the goods has passed to the buyer and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain any action allowed by law to the owner of goods of similar kind when wrongfully converted or withheld. § 1515. Action for failing to deliver goods (a) Where the property in the goods has not passed to the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for nondelivery. (b) The measure of damages is the loss directly and naturally resulting in the ordinary course of events from the seller's breach of contract. (c) Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market 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. § 1516. Specific performance Where the seller has broken a contract to deliver specific or ascertained goods, a court having the powers of a court of equity may, if it thinks fit, on the application of the buyer, by its judgment or decree, direct that the contract shall be performed specifically, without giving the seller the option 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 court may seem just. § 1517. Remedies for breach of warranty (a) Where there is a breach of warranty by the seller, the buyer may, at his election: (1) accept or keep the goods and set up against the seller the breach of warranty by way of recoupment in diminution or extinction of the price; (2) except or keep the goods and maintain an action against the seller for damages for the breach of warranty; (3) refuse to accept the goods, if the property therein has not passed, and maintain an action against the seller for damages for the breach of warranty; (4) 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. (b) When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted.

�