NOTES

The Right of Resale [Sec. 54]

The unpaid seller who has retained possession of the goods in exercise of his right of lien or who has resumed possession from the earner upon insolvency of the buyer can resell the goods:

(a) If the goods are of a perishable nature, without any notice to the buyer, and

(b) In other cases after notice to the buyer, calling upon him to pay or tender the price within reasonable time, and upon failure of the buyer to do so.

If the money realised upon such resale is not sufficient to compensate the seller, he can sue the buyer for the balance. But if he receives more than what is due to him, he can retain the excess. A resale does not absolve the buyer from his liabilities to compensate the seller for damages he may have suffered.