Title 11, Chapter 2, Section 705
( 11-2-705)
Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Code Section 11-2-702) and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods. (2) As against such buyer the seller may stop delivery until: (a) Receipt of the goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except
a carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the buyer by a carrier by reshipment or
as warehouseman; or (d) Negotiation to the buyer of any negotiable document of title
covering the goods. (3)(a) To stop delivery the seller must so notify as to enable the
bailee by reasonable diligence to prevent delivery of the goods. (b) After such notification the bailee must hold and deliver the
goods according to the directions of the seller but the seller is
liable to the bailee for any ensuing charges or damages. (c) If a negotiable document of title has been issued for goods
the bailee is not obliged to obey a notification to stop until
surrender of the document. (d) A carrier who has issued a nonnegotiable bill of lading is not
obliged to obey a notification to stop received from a person
other than the consignor. |