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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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