Sec. 42a-2-507. Effect of seller's tender; delivery on condition.
Sec. 42a-2-507. Effect of seller's tender; delivery on condition. (1) Tender of
delivery is a condition to the buyer's duty to accept the goods and, unless otherwise
agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods
and to payment according to the contract.
(2) Where payment is due and demanded on the delivery to the buyer of goods or
documents of title, his right as against the seller to retain or dispose of them is conditional
upon his making the payment due.
(1959, P.A. 133, S. 2-507.)
Annotations to former statutes (1958 Rev., S. 42-42, 42-46):
Buyer's notification of refusal to accept does not destroy seller's right to ship, nor revest title in seller. 94 C. 90. Buyer's
wrongful refusal to accept and reshipment to seller inoperative to divest buyer's title and extinguish seller's right to purchase
price. 97 C. 671. Notification to seller of refusal to accept delivery made by buyer before shipment is inoperative without
seller's acquiescence; there can be no anticipatory breach without acquiescence therein on part of injured party. Id., 89.
Annotations to present section:
Since seller made a proper tender of delivery, it was entitled to acceptance of the goods and to payment according to
the contract. 166 C. 280. Cited. 189 C. 433.