SALES AND NOTICES. 291

wrongfully neglects or refuses to pay for the goods according
to the terms of the contract or the sale, the seller may main-
tain 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 trans-
fer 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 be-
fore 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 82 (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. There-
after the seller may treat the goods as the buyer's and may
maintain an action for the price.

SEC 82. (1) When the buyer wrongfully neglects or re-
fuses to accept and pay for the goods, the seller may maintain
an action againts him for damages for non-acceptance.

(2) The measure of damages is the estimated loss directly
and naturally 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 showing proximate 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 nec-
essary 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 pro-
ceed no further therewith, the buyer shall be liable to the seller
for no grater damages than the seller would have suffered if
he did nothing towards carrying out the contract or the sale
after receiving notice of the buyer's repudiation or counter-
mand. The profit the seller would have made if the contract
or the sale had been fully performed shall be considered in
estimating such damages.