ART. 83] UNIFORM SALES ACT. 1931

of the price an unreasonable time, an unpaid seller, having a right of
lien or having stopped the goods in transitu, may resell the goods. He
shall not thereafter be liable to the original buyer upon the contract
to sell or the sale or for any profit made by such resale, but may recover
from the buyer damages for any loss occasioned by the breach of the
contract or the sale.

(2) Where a resale is made, as authorized in this section, the buyer
acquires a good title as against the original buyer.

(3) It is not essential to the validity of a resale that notice of an
intention to resell the goods be given by the seller to the original buyer.
But where the right to resell is not based on the perishable nature of
the goods or upon an express provision of the contract or the sale, the
giving or failure to give such notice shall be relevant in any issue
involving the question whether the buyer had been in default an
unreasonable time before the resale was made.

(4) It is not essential to the validity of a resale that notice of the
time and place of such resale should be given by the seller to the original
buyer.

(5) The seller is bound to exercise reasonable care and judgment in
making a resale, and subject to this requirement may make a resale
either by public or private sale.

1910, ch. 346, sec. 79 (p. 290).

82. (1) An unpaid seller, having a right of lien or having stopped
the goods in transitu, may rescind the transfer of title and resume the
property in the goods, where he expressly reserved the right to do so
in case the buyer should make default, or where the buyer has been in
default in the payment of the price an unreasonable time. The seller
shall not thereafter be liable to the buyer upon the contract to sell or
the sale, but may recover from the buyer damages for any loss occa-
sioned by the breach of the contract or sale.

(2) The transfer of title shall not be held to have been rescinded by
an unpaid seller until he has manifested by notice to the buyer, or by
some other overt act, an intention to rescind. It is not necessary that
such overt act should be communicated to the buyer, but the giving
or failure to give notice to the buyer of the intention to rescind shall
be revelant in any issue involving the question whether the buyer had
been in default an unreasonable time before the right of rescission was
asserted.

1910, ch. 346, sec. 80 (p. 290).

83. Subject to the provisions of this sub-title, the unpaid seller's
right of lieu or stoppage in transitu is not affected 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