Unpaid seller's rights against the buyer personally

Rights of an unpaid seller against the buyer personally:

1. Suit for price (s. 55): where property has passed and the buyer wrongfully refuses to pay, or the price is payable on a certain day irrespective of delivery. Example: a furniture maker who has delivered a dining table, now the buyer's, can sue for its price when the buyer refuses to pay.
2. Suit for damages for non-acceptance (s. 56), measured under section 73 of the Indian Contract Act, 1872. Example: a buyer who wrongfully refuses to take delivery of 500 kg of sugar sold at ₹45 a kg, when the market price has fallen to ₹40, is liable for the seller's loss of ₹2,500.
3. Repudiation before the due date (s. 60): the seller may treat the contract as rescinded and sue for damages. Example: a buyer who writes in March that he will not take the cement due for delivery in June can be sued at once.
4. Suit for interest (s. 61), where agreed, from the date the price was payable. Example: if the contract provides interest on late payment, a seller paid two months late can recover interest for those two months. Where nothing has been agreed about interest, the seller may still charge interest on the price once it is due, from a day he notifies to the buyer; and, unless the contract says otherwise, the Court may in the seller's suit award interest at a rate it thinks fit on the price, from the date the goods were tendered or the price became payable. Example: a seller with no interest clause who writes to the buyer that interest will run from 1 March can charge it from that day.