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(810 ILCS 5/2-705) (from Ch. 26, par. 2-705)
Sec. 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 (Section 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
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(c) such acknowledgment to the buyer by a carrier by
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| reshipment or as a warehouse; or
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(d) negotiation to the buyer of any negotiable
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| document of title covering the goods.
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(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 possession or control of the
document.
(d) A carrier who has issued a non-negotiable bill of lading is not
obliged to obey a notification to stop received from a person other than
the consignor.
(Source: P.A. 95-895, eff. 1-1-09.)
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