The unpaid vendor can re-sell the goods—

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1)     without notice to the buyer if the goods are perishable goods and

2)    With notice to the buyer of his intention to re-sell. If the goods are not perishable.

 

He can retain the profit resulting form such re-sale and claim damages from the original buyer for loss if any. But if he does not give notice to the buyer of his intention to re-sell the goods where necessary, he must pay back the surplus or profit to the original buyer and bear the loss, if any.

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