Sec. 2A.526. LESSOR'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE. (a) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
(b) In pursuing its remedies under Subsection (a), the lessor may stop delivery until:
(1) receipt of the goods by the lessee;
(2) acknowledgement to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or
(3) such an acknowledgement to the lessee by a carrier via reshipment or as a warehouse.
(c)(1) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(2) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(3) A carrier who has issued a nonnegotiable bill of lading is not obligated to obey a notification to stop received from a person other than the consignor.
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 15, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Section 2A.501. Default: Procedure
Section 2A.502. Notice After Default
Section 2A.503. Modification or Impairment of Rights and Remedies
Section 2A.504. Liquidation of Damages
Section 2A.506. Statute of Limitations
Section 2A.507. Proof of Market Rent
Section 2A.508. Lessee's Remedies
Section 2A.509. Lessee's Rights on Improper Delivery; Rightful Rejection
Section 2A.510. Installment Lease Contracts: Rejection and Default
Section 2A.511. Merchant Lessee's Duties as to Rightfully Rejected Goods
Section 2A.512. Lessee's Duties as to Rightfully Rejected Goods
Section 2A.513. Cure by Lessor of Improper Tender or Delivery; Replacement
Section 2A.514. Waiver of Lessee's Objections
Section 2A.515. Acceptance of Goods
Section 2A.517. Revocation of Acceptance of Goods
Section 2A.518. Cover; Substitute Goods
Section 2A.520. Lessee's Incidental and Consequential Damages
Section 2A.521. Lessee's Right to Specific Performance, Replevin, and Other Remedies
Section 2A.522. Lessee's Right to Goods on Lessor's Insolvency
Section 2A.523. Lessor's Remedies
Section 2A.524. Lessor's Right to Identify Goods to Lease Contract
Section 2A.525. Lessor's Right to Possession of Goods
Section 2A.526. Lessor's Stoppage of Delivery in Transit or Otherwise
Section 2A.527. Lessor's Rights to Dispose of Goods
Section 2A.528. Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
Section 2A.529. Lessor's Action for the Rent
Section 2A.530. Lessor's Incidental Damages
Section 2A.531. Standing to Sue Third Parties for Injury to Goods