Sale not generally rescinded by lien or stoppage in transitu
54 Sale not generally rescinded by lien or stoppage in transitu
Subject to the provisions of this section a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transitu.
Where an unpaid seller who has exercised his right of lien or stoppage in transitu re-sells the goods the buyer acquires a good title thereto as against the original buyer.
Where the goods are of a perishable nature or where the unpaid seller gives notice to the buyer of his intention to re-sell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may re-sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.
Where the seller expressly reserves a right of re-sale in case the buyer should make default, and on the buyer making default re-sells the goods, the original contract of sale is thereby rescinded but without prejudice to any claim the seller may have for damages.
Division 6—Actions for breach of the contract
Remedies of the Seller
No. 3694 s. 53.
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