Some States restrict the application of the New York doctrine to cases where the goods contracted for are of a peculiar kind, not readily salable on the market and for which, therefore, a market price cannot readily be fixed.62 And in this restricted form the principle is adopted in the Uniform Sales Act.63
61 Illustrated Postal Card Co. v. Holt, 86 Conn. 140, 81 Atl. 1061. It would follow that thereafter the risk of loss must be upon the buyer, and this is borne out by the reasoning in Neal v. Shewalter, 5 Ind. App. 147, 154. The property in question in that case after having been wrongfully refused by the buyer was destroyed by fire. The court said the goods "remained the property of the [sellers]. They did not place themselves in the position of bailees for the [buyers]. Therefore, they would be entitled only to the difference between the contract price and the market price at the time and place at which the [buyers] became in default."
62 Kinkead v. Lynch, 132 Fed. Rep. 692; River Spinning Co. v. Atlantic Mills (R. I.), 155 Fed. 466; Fisher Ac. Machine Co. v. Warner, 233 Fed. 627, 147 C. C. A. 413; Black River Lumber Co. v. Warner, 03 Mo. 374, 6 S. W. 210; Osark Lumber Co. v. Chicago Lumber Co., 51 Mo. App. 555; Gordon v. Norris, 40 N. H. 376; Smith v. Wheeler, 7 Or. 40, 33 Am. Rep. 698; Ballentine o. Robinson, 46 Pa. St. 177.
63 Sec. 63 (3). " Although the property in the goods has not passed, if they cannot readily be resold for a reasonable price, and if the provisions of section 64 (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. Thereafter the seller may treat the goods as the buyer's and may maintain an action for the price." The excepted case covered by Sec. 64 (4) is where damages would be unnecessarily enhanced. See supra, Sec. 1298.
This provision of the Act will either enlarge or diminiah the previously existing seller's rights in most of the States where it has been passed.