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sioned by his neglect or refusal to take delivery, and also for a
reasonable charge for the care and custody of the goods. If
the neglect or refusal of the buyer to take delivery amounts to
.a repudiation or breach of the entire contract, the seller shall
have the rights against the goods and on the contract herein-
after provided in favor of the seller when the buyer is in de-
fault.

CHAPTER IV.

SEC. 70. (1) The seller of goods is deemed to be an un-
paid seller within the meaning of this Act:

(a) When the whole of the price has not been paid or ten-
dered.

(b) When a bill of exchange or other negotiable instrument
has been received as conditional payment, and the condition on
which it was received has been broken by reason of the dis-
honor of the instrument, the insolvency of the buyer, or other-
wise.

(2) In this part of this Act the term "seller" includes an
agent of the seller to whom the bill of lading has been in-
dorsed, or a consignor or agent who has himself paid, or is di-
rectly responsible for, the price, or any other person who is
in the position of a seller. ,

SEC. 71. (1) Subject to the provisions of this Act, not-
withstanding that the property in the goods may have passed
to the buyer, the unpaid seller of goods, as such, has—

(a) A lien on the goods or right to retain them for the
price while he is in possession of them;

(b) In case of the insolvency of the buyer, a right of stop-
ping the goods in transitu after he has parted with the posses-
sion of them;

(c) A right of resale as limited by this Act;

(d) A right to rescind the sale as limited by this Act;

(2) Where the property in goods has not passed to the
buyer, the unpaid seller has, in addition to his other remedies,
a right of withholding delivery similar to and coextensive with
his rights of lien and stoppage in transitu where the property
has passed to the buyer.

SEC. 72. (1) Subject to the provisions of this Act, the un-
paid seller of goods who is in possession of them is entitled to
retain possession of them until payment or tender of the price
in the following, namely:

(a) Where the goods have been sold without any stipula-
tion as to credit.