Sale of Goods, Gh. 31. No.9.

negleets or refuse to pay for the goods according bo the
terms of the contract, the seller may maint an action
ham for the price of the goods.

(2) Where under vet oat sale the price ts
peo cable ona certain day irrespective of delivery and the
buyer wrongfully negleets or refuses. to pay such price, the
seller may maintain an action for the price, although the
property in Che goods las net passed and the goods have not
been appropriated to Che contract

50. (1) Where the buyer wrongfully neglects ar refuses ¢o
accept and pay for the goods, the seller may maintain an
aetton against him for dame os for non-aceeplanee,

(2) The measure of damage. is the ostimated) los.
sirect It and naturally tesulting, in the ordinary course of
vents, from the buyer's breach of contract

(3) Where there is an avathlable market for the goods
in question, the measure of damage is primd facte to be
ascertained by the difference between the contract: price
and the market or current price of the goods at the time
or Cimes when they ought to have been accepted, or, if ne
time was fixed for acceptance Chen at the dime of the refusal
fo accept.

Remedies of the buyer
51. (1) Where the seller wrong filly neglects or refuses to

deliver the goods to the buyer, the buyer May maintain an
action against the seller for damages for non-delivery.

(2) The measure of damages is the ostimated: loss
direcHly and naturally resulting, in the ordinary course of
events, from the seller’s breach of contract.

(3) Where there is an availible market for the goods
in question, the measure of damages is primd facie to be
ascertained by the difference between the contract price and
the market or current price of the goods at the time oi
times when they ought to have been delivered, or, ff no time
was fixed, then at the Gime of the refisal to deliver,

52. In any action for breach of contract: to) deliver
specific or ascertained goods the court may, if it thinks (it,
T.---IV. 33

 

833

Action for
non-delivery

Specific por
formance,