The unpaid vendor of goods has the further right of making a re-sale of the goods under certain circumstances. The title to the goods sold may have passed, and yet the vendee may refuse to fulfill his obligation to the seller to make payment for the goods, or it may be impossible for him to fulfill his obligations because of his insolvency; in either of these cases, the vendor may exercise his right of re-sale. It is a power greater than either the lien, or the right of stoppage in transitu, and may be exercised while the possession originally remains in the vendor, under proper circumstances, or when the goods have been retaken under a proper exercise of the right of stoppage in transitu.

As to the time when the re-sale may be made, the general rule is that the goods can only be resold when the payment of purchase becomes due.13 But an exception to this general rule exists in the case of perishable property, for obvious reasons. As to whether notice of intention to resell on the part of the buyer to the vendee is necessary, is a matter on which there is a difference of opinion, some few courts hold it is necessary, especially where the seller wishes to make the sum realized on the re-sale a basis of recovery against the buyer.14

In Illinois and in other States, it is held that no notice of intention to re-sell is necessary.15 But notice of time and place of the sale itself need not be given, though the giving of such a notice would be proper and might prove of value. The purchaser on re-sale takes good title unless the re-sale is irregular, or unless the right was improperly assumed by the seller, the buyer not being in default.

13 Shaw vs. Lady Ensley Goal Co., 147 I11., 526.

14 Holland vs. Rea, 48 Michigan, 218.

15 Ullman vs. Kent, 60 I11., 271; Rosenbaum vs. Weeden, 18 Gratt (Va.), 785.