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Session Laws, 1963
Volume 671, Page 823   View pdf image (33K)
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J. MILLARD TAWES, Governor                        825

solvency has been made to the particular seller in writing within
three months before delivery the ten day limitation does not apply.
Except as provided in this subsection the seller may not base a right
to reclaim goods on the buyer's fraudulent or innocent misrepresenta-
tion of solvency or of intent to pay.

(3) The seller's right to reclaim under subsection (2) is subject
to the rights of a buyer in ordinary course or other good faith pur-
chaser or lien creditor under this Sub-title (Section 2
403). Suc-
cessful reclamation of goods excludes all other remedies with respect
to them.

2703. Seller's Remedies in General.

Where the buyer wrongfully rejects or revokes acceptance of goods
or fails to make a payment due on or before delivery or repudiates
with respect to a part or the whole, then with respect to any goods
directly affected and, if the breach is of the whole contract (Section
2
612), then also with respect to the whole undelivered balance, the
aggrieved seller may

(a)  withhold delivery of such goods;

(b)  stop delivery by any bailee as hereafter provided (Section 2
705);

(c)  proceed under the next section respecting goods still unidenti-
fied to the contract;

(d)  resell and recover damages as hereafter provided (Section 2
706);

(e)  recover damages for non-acceptance (Section 2708) or in a
proper case the price (Section 2
709);

(f) cancel.

2704. Seller's Right to Identify Goods to the Contract Notwith-
standing Breach or to Salvage Unfinished Goods.

(1)  An aggrieved seller under the preceding section may

(a)  identify to the contract conforming goods not already identi-
fied if at the time he learned of the breach they are in his possession
or control;

(b)  treat as the subject of resale goods which have demonstrably
been intended for the particular contract even though those goods
are unfinished.

(2)   Where the goods are unfinished an aggrieved seller may in
the exercise of reasonable commercial judgment for the purposes of
avoiding loss and of effective realization either complete the manu-
facture and wholly identify the goods to the contract or cease manu-
facture and resell for scrap or salvage value or proceed in any other
reasonable manner.

2705. Seller's Stoppage of Delivery in Transit or Otherwise.

(1) The seller may stop delivery of goods in the possession of a
carrier or other bailee when he discovers the buyer to be insolvent


 

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Session Laws, 1963
Volume 671, Page 823   View pdf image (33K)
 Jump to  
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