§490:2-707  "Person in the position of a seller".  (1)  A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller.

     (2)  A person in the position of a seller may as provided in this Article withhold or stop delivery (section 490:2-705) and resell (section 490:2-706) and recover incidental damages (section 490:2-710). [L 1965, c 208, §2-707; HRS §490:2-707]

 

COMMENTS TO OFFICIAL TEXT

 

  Prior Uniform Statutory Provision:  Section 52(2), Uniform Sales Act.

  Changes:  Rewritten.

  Purposes of Changes:  To make it clear that:

  In addition to following in general the prior uniform statutory provision, the case of a financing agency which has acquired documents by honoring a letter of credit for the buyer or by discounting a draft for the seller has been included in the term "a person in the position of a seller."

  Cross References:

  Article 5, Section 2-506.

  Definitional Cross References:

  "Consignee".  Section 7-102.

  "Consignor".  Section 7-102.

  "Goods".  Section 2-105.

  "Security interest".  Section 1-201.

  "Seller".  Section 2-103.