3164 ARTICLE 83

the buyer, or his agent in that behalf, takes delivery of them from such
carrier or other bailee;

(b) If the goods are rejected by the buyer, and the carrier or other
bailee continues in possession of them, even if the seller has refused to
receive them back.

(2) Goods are no longer in transit within the meaning of section 75—

(a) If the buyer or his agent in that behalf obtains delivery of the goods
before their arrival at the appointed destination.

(b) If, after the arrival of goods at the appointed destination, the car-
rier or other bailee acknowledges to the buyer or his agent that he holds
the goods on his behalf and continues in possession of them as bailee for
the buyer or his agent; and it is immaterial that a further destination for
the goods may have been indicated by the buyer;

(c) If the carrier or other bailee wrongfully refuses to deliver the
goods to the buyer or his agent in that behalf.

(3) If goods are delivered to a ship chartered by the buyer, it is a ques-
tion depending on the circumstances of the particular case whether they
are in possession of the master as a carrier or as agent of the buyer.

(4) If part delivery of the goods has been made to the buyer or his
agent in that behalf, the remainder of the goods may be stopped in transitu,
unless such part delivery has been under such circumstances as to show
an agreement with the buyer to give up possession of the whole of the goods.

An. Code, 1924, sec. 80. 1912, sec. 80. 1910, ch. 346, sec. 77 (p. 289).

77. (1) The unpaid seller may exercise his right of stoppage in
transitu either by obtaining actual possession of the goods or by giving
notice of his claim to the carrier or other bailee in whose possession the
goods are. Such notice may be given either to the person in acttral posses-
sion of the goods or to his principal. In the latter case the notice, to be
effectual, must be given at such time and under such circumstances that
the principal, by the exercise of reasonable diligence, may prevent a de-
livery to the buyer.

(2) When notice of stoppage in transitu is given by the seller to the
carrier, or other bailee in possession of the goods, he must redeliver the
goods to or according to the directions of the seller. The expenses of such
delivery must be borne by the seller. If, however, a negotiable document
of title representing the goods has been issued by the carrier or other bailee,
he shall not be obliged to deliver or justified in delivering the goods to
the seller unless such document is first surrendered for cancellation.

An. Code, 1924, sec. 81. 1912, sec. 81. 1910, ch. 346, sec. 78 (p. 289).

78. (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 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.