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OF THE REMEDIES OF THE SELLER AGAINST THE GOODS.

In general.

... 1470-1472

L THE SELLER'S LIEN.

What here included.......

1. Of the Lien in General.

Seller has a lien to secure payment...

1474

What the lien secures. ...

1475

What claims the lien precedes.

1476

2. Waiver or Abandonment of the Lien.

Waiver of the lien — Expressly or by implication...

... 1477, 1478

· Waiver by giving credit

1479, 1480

Waiver by taking bill or note

1481

Lien abandoned by unconditional delivery

1482-1484

Lien not lost by delivery which passes the title but does not

change possession....

... 1485, 1486

So lien not lost if possession retained, though seller's attitude has

changed.......

Lien not lost by special and qualified delivery.

1488, 1489

Lien not lost if possession secured by fraud......

1490

How when goods already in possession of buyer....

1491

How when buyer has changed character of property.

1492

How when goods in possession of bailee

1493, 1494

How when goods on public wharf or the premises of a stranger.. 1495

How when goods are delivered to a carrier...

1496, 1497

Transfer by bill of lading....

1498

Effect of delivery of part of the goods.

1499

Effect of part payment.....

1500

3. Estoppel in Favor of Sub-purchasers.

Lien good against sub-purchaser unless seller estopped — Estoppel by

conduct......

... 1501-1503

Form of delivery order or warrant as estoppel..

1504-1506

Warehouse receipts in the United States..

1507

4. Revival of Lien on Insolvency of Purchaser.

Revival of lien – Insolvency of purchaser before actual delivery 1508, 1509

Insolvency of buyer before expiration of credit.......

1510, 1511

Insolvency of buyer before delivery order complied with... 1512–1514

Same subject - Taking note — Giving receipted bill, etc... 1515-1517

Same subject — Instalment delivery — Subsequent appropriation 1518

What constitutes insolvency

... 1519, 1520

References are to sections.

5. Revival of Lien on Expiration of Credit.

Lien revives on expiration of credit......

1521

6. Effect of Tender of Price.

Lien lost by tender of price......

1522

7. Effect of Claiming Liem

Claim of lien does not rescind sale ....

1523

IL THE SELLER'S RIGHT OF STOPPAGE IN TRANSITU.

What here included ........

1524

1. The General Nature of the Right.

The origin and nature of the right.....

1525, 1526

Exists only when title has passed..

1527

Right favored in the law.....

1528

2. Who May Stop the Goods.

Right may be exercised only by vendor or one in his position.... 1529

By factor who has bought goods for principal

1530

By person who pays price for vendee.....

1531

But not by vendor of seller ...

1532

Nor by unpaid agent of seller

1533

Principal who has consigned goods to factor may stop...

1534

Surety for the buyer may not stop the goods ....

1535

Seller of executory interest may exercise the right

1536

Stoppage by agent for his principal — Ratification...

1537

3. Against Whom Stoppage May be Effected.

Against buyer or one standing in his attitude.

1538

Only against an insolvent buyer .

1539

Evidence of insolvency......

1540

Absconding, attachment, etc., not enough

1541

Insolvent when...

1542-1544

4. Under What Conditions Stoppage May be Efected.

Goods can be stopped only while in transit.......

.. 1545, 1546

Existence of a transit - Goods transported on ship or other vehicle

owned or chartered by purchaser

1547

- Shipment on vessel owned by buyer

1548

Shipment on vessel chartered by buyer...

1519

Same subject — Reserving control....

1550

Shipment by carrier designated by the buyer...

1551

Shipment through purchasing agent of buyer..

1552

How long the transit continues — In general,

1553-1555

Buyer may intercept the goods.

1556

Is carrier's consent necessary..

1557

References are to sections,

Interception by buyer's agent - Agent to receive or forward.. . 1558–1561

Interception by sub-purchaser Mere resale does not defeat stoppage 1562

Indorsement of bill of lading..

1563–1567

Pledgee of goods - Bill of lading as security...

1568

Absolute sale of goods, but purchase price unpaid – Right to

reach proceeds .

1569, 1570

Interception by buyer's creditors — Attachment — Garnishment..... 1571

Interception by seller as a creditor — Attachment by seller.... 1572

When transit ends — Arrival at destination

1573-1577

Goods not yet unloaded ........

1578

Goods in carrier's or other warehouse — Attornment. 1579, 1580

Carrier as bailee for buyer.......

1581-1583

Deposit of goods in custom-house.

1584-1587

Goods in hands of local truckman..

... 1588–1590

How, when consignee refuses to receive goods ....

1591, 1592

Who may take possession for vendee - Agent.

1593

Administrator - Assignee.....

1594

Not sheriff...

1595

Or mortgagee.....

1596

Actual or constructive possession by purchaser...

1597-1601

Effect of part delivery....

1602

Effect of part payment

1603

Effect of taking note .

1604

5. How Stoppage May be Effected.

No particular method necessary – Notice to stop.

1605-1607

To whom notice to stop should be given - Vendee.

1608

Carrier's agent .....

1609

Carrier's lien must be satisfied......

1610

6. Effect of Stopping the Goods.

Restores right of possession....

1611

Does not rescind the sale......

1612

Remedy of seller to secure payment.

1613

IIL SELLER'S Right OF STOPPAGE ON EXECUTORY SALE

Nature of this right......

1614-1616

How right exercised - Its effect...

1617

IV. OPTION OF SELLER AS TO REMEDIES.

What remedies seller may pursue....

1618, 1619

Equitable remedies....

1620

V. TAE SELLER'S RIGHT OF RESALE.

How here considered..

... 1621

References are to sections,

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... 1689

2. Where the Goods have not been Delivered.

Title passing though goods not delivered

1667

Recovery of price where seller yet to do something to the goods .... 1669

Recovery of price where seller holds as bailee for buyer..

1669

Recovery of price where seller claims his lien ...

1670, 1671

Recovery of price where seller stops goods in transit....

1672

Recovery of residue of price after resale in pursuance of lien.... 1673

Recovery of price where buyer fails or refuses to take the goods 1674–1677

Other remedies in like cases. .....

1678, 1679

Vendor may resell and recover deficiency..

1680

Right to keep property as his own and recover deficiency .. 1681, 1682

IL. WHERE THE TITLE HAD NOT PASSED.

In general...

1683

1. Where the Goods have been Delivered.

Recovery of goods and damages for breach of contract....... 1684-1688

2. Where the Goods have not been Delivered.

Where title has not passed and goods not delivered, action for dam-

ages is remedy........

Measure of damages usually difference between contract price and

market price at time and place of delivery...

1690

Time for delivery......

1691

How market value shown Resale.

1692

Scope of evidence....

1693

Full contract price after tender allowed in some cases.

1694

Contracts for sale of stocks.....

1695

Contracts for manufacture of chattel.

16.26

Contracts for production of that which has no market value.... 1697

This not the general rule........

1698

Countermanding performance of executory contract.

1699

Countermanding order after part delivery....

1700

Countermanding order for goods when partly manufactured..... 1701

Countermanding order before manufacture begun.

1702, 1703

Loss of profits....

1704

Form of repudiation.

1705

Effect on seller's rights of repudiation by the buyer.

1706

Seller not obliged to treat it as a present breach.

1707

Contract kept alive for the benefit of both parties..

1708
Measure of damages if seller do's treat it as present breach. 1709-1712

Treating contract as rescinded and recovering quantum valebat...... 1713

CHAPTER IV.

OF THE REMEDIES OF THE BUYER AGAINST THE SELLER.

Purpose of this chapter....

1714

How subjects classified..

1715

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