SALES AND NOTICES. 289

(b) If, after the arrival of the goods at the appointed des-
tination, the carrier 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 question depending on the circumstances of the particu-
lar 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 tq show an agreement with the buyer
to give up possession of the whole of the goods.

SEC. 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 actual possession 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 pre-
vent a delivery 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 reprsent-
ing 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.

SEC. 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 there-
after 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.