Wisconsin Code § 402.705

Seller’s stoppage of delivery in transit or otherwise
Open in Lexace · Ask the AI about this section
(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the
buyer to be insolvent (s. 402.702) 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 a warehouse; 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 possession or control 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.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.