Commercial Law Cases volume 1

Cover Commercial Law Cases volume 1
Commercial Law Cases volume 1
Harold Livingston Perrin
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4Q Oh. St. 41.
Diem sold Koblitz Brothers a large quantity of paper bags, for which they gave notes. Afterwards, upon finding that Koblitz Brothers were insolvent, Diem canceled his delivery of the bags, exercised his right of stoppage in transitu and disposed of the bags before the notes became due. Koblitz Brothers now sue for damages resulting from that cancellation and resale.
Held, that the insolvency of a buyer justifies the seller in resell- ing goods stopped in transit.
IVilliams, C. J.
...
We do not understand it to be claimed that the defendant, upon SALES 383 learning of the plaintiffs' insolvency, might not lawfully retake the goods while they were yet in the custody of the carrier; nor that he was bound to deliver any part of the goods so long as the insolvency of the plaintiffs continued. The claim is, that the right of the vendor in such case is simply to retain possession of the property until the purchase price is paid; and therefore, a resale by him before the ex- piration of the credit puts it out of his power to deliver to the first vendee, and so constitutes a breach of the contract with him, for which he may, though insolvent, maintain a special action for damages.


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