Action for
tr wee,

Ch. 31. No. 9,] Sale of Goods.

franstticis not affected by any sale or other disposition of the
goods which the buyer may have made, unle. the seller
has assented thereto:

Provided that where a document of title to goods has
been lawfully transferred to any person as buyer or owner of
the goods, and that person transfers the document toa person
who take. the document in good faith and for valuable
consideration, then, if such last-mentioned transfer was
by way of sale, the unpaid seller's tight of tien or retention
or stoppage i transits defeated, and if such last-mentioned
transfer was by wav of pledge or other disposition for value,
the unpaid seller right of lien or retention or stoppage
m transit can only be exereised subject to the rights of the
transferee.

48. (1) Subject te) the provisions of this section, a
contract of sale is not rescinded by the metre sxereise by an
unpaid seller of his right of Ten or retention or stoppage
m™m transitu,

(2) Where an unpaid: seller who hi exeretsed his
right of lien or retention or stoppage de dransiti ve-sclls the
goods, the buyer acquire good title thereto as against
the original buyer

(3) Where the goods are of perishable nature, or
where the unpaid seller give. notice to the buyer of his
Intention tare -sell, and the buyer does pot within a reasonable
time pay or tender the price, the unpaid seller may re-sell
the goods ind recover from the original buyer damages for
any loss occasioned by his breach of contract.

(4) Where the seller expressly reserve. ao right’ of
revale ine the buyer should mi tke default, and on the
buyer making default, re-sells the goods, the original
contract of sale is thereby rescinded, but without prejudice
to any chum the seller may have for damage.

PART V
ACTIONS FOR BREACH OF ‘TITE CONTRACT,
Remedies of the seller

49. (1) Where, under a contract of sale, the property in
the goods has passed to the buyer, and the buyer wrongfully