Sec. 83. Enumeration Of Rights And Remedies Of Unpaid Seller

A. Where Goods Have Not Been Delivered to Buyer.

(a) If title has not passed:

(1) A right to withhold delivery;

(2) A right to rescind the contract;

(3) A right to sue for the price if price payable on a day certain;

(4) A right to sue for the price if goods not readily resellable for reasonable price, an offer of delivery having been made.

(5) A right to sue for damages for non-acceptance.

(b) If title has passed (goods being still undelivered) :

(1) A lien on the goods;

(2) A right of resale (with suit for damages) ; I. Where goods of perishable nature; II. Where seller reserves right of resale; III. Where buyer has been in default unreasonable length of time; no Sales of Personal Property.

(3) A right of rescission (with suit for damages) ; I. Where he has reserved right to rescind; II. Where buyer in default unreasonable length of time;

(4) A right to sue for the purchase price;

(5) A right to sue for damages for non-acceptance.

B. Where Goods Have Been Delivered to Buyer or His Agent.

(a) Where title has not passed:

(1) Right to sue for price or damages;

(2) Right to reclaim goods.

(b) Where title has passed:

(1) Right to stop in transit, if buyer insolvent ;

(2) Right to sue for price.

The rights and remedies above enumerated are those provided by the Uniform Sales Act, but the arrangement and tabulation is that of the author of this series. These rights and remedies are commented on in the following sections.

Sec. 84. In General Of These Rights And Remedies

It will be noticed by the above tabulation that the rights and remedies of the seller in case of a non-delivery of the goods by him (rightfully of course), are broad enough to protect him against loss, and may consist in his appeal to the court for his damages or the purchase price; or may consist in his own act in rescinding the contract, or reselling the goods with no appeal to the court. If he has parted with the goods or if he has sold on credit, his remedy in the absence of settlement by the buyer is necessarily an appeal to the court for judgment upon the debt. Of course in such a case, if title has not passed, which is unusual (except in case of conditional sales), he may recover the goods themselves, peaceably if he can, by law if he must. Let us consider his various rights under the different circumstances.

Sec. 85. Whether Sale Is On Credit

In determining the rights of an unpaid seller, where there has been no delivery by him, we must consider whether the sale is for cash or on credit. If on credit the seller is in default unless he delivers the goods as agreed upon. A sale may be on credit by implication, as by a prior course of dealing.

In considering the rights of an unpaid seller before delivery, it is essential to ask the question Whether the sale is for cash or on credit. For obviously if the sale is on credit, there is no right to call for payment before delivery. After the seller has made his contract, he cannot change his mind and insist on cash, unless in the meantime the buyer has become insolvent; in that event he may withdraw the credit.

A sale may be upon credit through inference from an established course of action, that is, if credit has been previously given in former instances, the seller cannot insist on payment after he has made the sale, but would have to incorporate the new term in his contract when made.