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§12A-2-709.
§12A-2-709.
(1) When the buyer fails to pay the price as it becomes due the seller
may recover, together with any incidental damages under the next
section, the price
(a) of goods accepted or of conforming goods lost or damaged within a
commercially reasonable time after risk of their loss has passed to
the buyer; and
(b) of goods identified to the contract if the seller is unable after
reasonable effort to resell them at a reasonable price or the
circumstances reasonably indicate that such effort will be unavailing.
(2) Where the seller sues for the price he must hold for the buyer any
goods which have been identified to the contract and are still in his
control except that if resale becomes possible he may resell them at
any time prior to the collection of the judgment. The net proceeds of
any such resale must be credited to the buyer and the payment of the
judgment entitles him to any goods not resold.
(3) After the buyer has wrongfully rejected or revoked acceptance of
the goods or has failed to make a payment due or has repudiated
(Section 2-610), a seller who is held not entitled to the price under
this section shall nevertheless be awarded damages for nonacceptance
under the preceding section.
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