1932 SALES AND NOTICES. [ART. 83

to whom such document of any purchaser has been negotiated, whether
such negotiation be prior or subsequent 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.

Chapter V.

1910, ch. 346, sec. 81 (p. 290).

84. (1) 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.

(2) 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.

(3) Although the property in the goods has not passed, if they can
not readily be resold for a reasonable price, and if the provisions of
section 85 (4) are not applicable, the seller may offer to deliver the
goods to the buyer, and if 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.

1910, ch, 346, sec. 82 (p. 291).

85. (1) When the buyer wrongfully neglects or refuses to accept
and pay for the goods, the seller may maintain an action against him
for damages for non-acceptance.

(2) The measure of damages is the estimated loss directly and nat-
urally resulting, in the ordinary course of events, from the buyer's
breach of contract.

(3) Where there is an available market for the goods in question,
the measure of damages is, in the absence of special circumstances show-
ing approximate 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.

(4) 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