§490:2-709  Action for the price.  (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 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 490:2-610), a seller who is held not entitled to the price
under this section shall nevertheless be awarded damages for non-acceptance
under the preceding section. [L 1965, c 208, §2-709; HRS §490:2-709]