Texas Code § 2.707

"PERSON IN THE POSITION OF A SELLER"
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Sec. 2.707. "PERSON IN THE POSITION OF A SELLER". (a) 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.
(b) A person in the position of a seller may as provided in this chapter withhold or stop delivery (Section 2.705 ) and resell (Section 2.706 ) and recover incidental damages (Section 2.710 ).

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