Mississippi Code

Miss. Code Ann. § 75-2-507 (2026)

Effect of seller's tender; delivery on condition

✓ current as of July 2026

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(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.

Codes, 1942, § 41A:2-507; Laws, 1966, ch. 316, § 2-507, eff. 3/31/1968.

Notes of Decisions

Cited in 3 cases, 1982–2012 · leading case: Restaurant of Hattiesburg, LLC v. Hotel & Restaurant Supply, Inc., 84 So. 3d 32 (Miss. Ct. App. 2012).

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Restaurant of Hattiesburg, LLC v. Hotel & Restaurant Supply, Inc., 84 So. 3d 32 (Miss. Ct. App. 2012). “Miss. Code Ann. § 75-2-507 (1) (Rev.2002).”

Ross Cattle Co. v. Lewis, 415 So. 2d 1029 (Miss. 1982). · cites it 2× “Miss. Code Ann. § 75-2-507 (1) (1972). Where payment is due on delivery, the buyer's rights as against the seller to retain and dispose of the goods is conditioned upon the buyer making the payment due.”

Merchants Acceptance, Inc. v. Jamison, 752 So. 2d 422 (Miss. Ct. App. 1999). “Miss.Code Ann. § 75-2-507(1). *426 Since the Contract required Merchants to deliver the encyclopedias to Jamison's street address, Jamison is relieved from her contractual obligation to pay if she did not receive the encyclopedias.”

— Miss. Code Ann. § 75-2-507(1) — 1 case

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