Miss. Code Ann. § 75-2-326

Sale on approval and sale or return; consignment sales and rights of creditors

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 1 court decision — leading case Date Shoe, Inc. v. Nichols (1981)

Most recently applied in Date Shoe, Inc. v. Nichols (April 1981)

Codes, 1942, § 41A:2-326; Laws, 1966, ch. 316, § 2-326, eff March 31, 1968; Laws, 2001, ch. 495, § 8, eff from and after Jan. 1, 2002.

(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is A “sale on approval” if the goods are delivered primarily for use, and

(2) A “sale or return” if the goods are delivered primarily for resale.

(3) Goods held on approval are not subject to the claims of the buyer’s creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer’s possession.

(4) Any “or return” term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this chapter (Section 75-2-201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (Section 75-2-202).

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.