47-2502

47-2502. Buyer's right to goods on seller's
insolvency

A. Subject to subsections B and C of this section and even though the goods have
not been shipped a buyer who has paid a part or all of the price of goods in which he has
a special property under the provisions of section 47-2501 may on making and keeping good
a tender of any unpaid portion of their price recover them from the seller if:

1. In the case of goods bought for personal, family or household purposes, the
seller repudiates or fails to deliver as required by the contract; or

2. In all cases, the seller becomes insolvent within ten days after receipt of the
first installment on their price.

B. The buyer's right to recover the goods under subsection A, paragraph 1 of this
section vests on acquisition of a special property, even if the seller had not then
repudiated or failed to deliver.

C. If the identification creating his special property has been made by the buyer
he acquires the right to recover the goods only if they conform to the contract for sale.