(1) The seller of
goods is deemed to be an unpaid seller within the meaning of this Act —
(a) when
the whole of the price has not been paid or tendered;
(b) when
a bill of exchange or other negotiable instrument has been received as
conditional payment, and the condition on which it was received has not been
fulfilled by reason of the dishonour of the instrument or otherwise.
(2) In this part of
this Act the term seller includes any person who is in the position of a
seller, as, for instance, an agent of the seller to whom the bill of lading
has been endorsed, or a consignor or agent who has himself paid, or is
directly responsible for, the price.