SALES AND NOTICES. 2721

An. Code, sec. 81. 1910, ch. 346, sec. 78 (p. 289).

81. (1) Where the goods are of a perishable nature, or where the seller
expressly reserves the right of resale in case the buyer should make default,
or where the buyer has been in default in the payment of the price an un-
reasonable 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 inten-
tion 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.

An. Code, sec. 82. 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 expressely 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 occasioned 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(2) The transfer of title shall not be held to have been rescinded by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 relevant in any issue
involving the question whether the buyer had been in default an unrea-
sonable time before the right of rescission was asserted.

An. Code, sec. 83. 1910, ch. 346, sec. 80 (p. 290).

83. Subject to the provisions of this sub-title, the unpaid seller's right
of lien or stoppage in transitu is not affected by any sale or other disposi-
tion 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 to whom such