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Session Laws, 1963
Volume 671, Page 889   View pdf image (33K)
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J. MILLARD TAWES, Governor                        891

7210. Enforcement of Warehouseman's Lien.

(1)  Except as provided in subsection (2), a warehouseman's lien
may be enforced by public or private sale of the goods in bloc or in
parcels, at any time or place and on any terms which are com-
mercially reasonable, after notifying all persons known to claim an
interest in the goods. Such notification must include a statement of
the amount due, the nature of the proposed sale and the time and
place of any public sale. The fact that a better price could have been
obtained by a sale at a different time or in a different method from
that selected by the warehouseman is not of itself sufficient to
establish that the sale was not made in a commercially reasonable
manner. If the warehouseman either sells the goods in the usual
manner in any recognized market therefor, or if he sells at the price
current in such market at the time of his sale, or if he has otherwise
sold in conformity with commercially reasonable practices among
dealers in the type of goods sold, he has sold in a commercially rea-
sonable manner. A sale of more goods than apparently necessary to
be offered to insure satisfaction of the obligation is not commercially
reasonable except in cases covered by the preceding sentence.

(2)  A warehouseman's lien on goods other than goods stored by
a merchant in the course of his business may be enforced only as
follows:

(a)  All persons known to claim an interest in the goods must be
notified.

(b)   The notification must be delivered in person or sent by regis-
tered or certified letter to the last known address of any person to be
notified.

(c)   The notification must include an itemized statement of the
claim, a description of the goods subject to the lien, a demand for
payment within a specified time not less than ten days after receipt
of the notification, and a conspicuous statement that unless the claim
is paid within that time the goods will be advertised for sale and
sold by auction at a specified time and place.

(d)   The sale must conform to the terms of the notification.

(e)   The sale must be held at the nearest suitable place to that
where the goods are held or stored.

(f)  After the expiration of the time given in the notification, an
advertisement of the sale must be published once a week for two
weeks consecutively in a newspaper of general circulation where the
sale is to be held. The advertisement must include a description of
the goods, the name of the person on whose account they are being
held, and the time and place of the sale. The sale must take place
at least fifteen days after the first publication. If there is no news-
paper of general circulation where the sale is to be held the adver-
tisement must be posted at least ten days before the sale in not less
than six conspicuous places in the neighborhood of the proposed sale.

(3)  Before any sale pursuant to this section any person claiming
a right in the goods may pay the amount necessary to satisfy the lien
and the reasonable expenses incurred under this section. In that
event the goods must not be sold, but must be retained by the
warehouseman subject to the terms of the receipt and this Sub-title.


 

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Session Laws, 1963
Volume 671, Page 889   View pdf image (33K)
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