400.2-709. Action for the price. - Missouri Statutes

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Statutes > Missouri > T26 > C400 > 400_2-709

Action for the price.

400.2-709. (1) When the buyer fails to pay the price as itbecomes due the seller may recover, together with any incidentaldamages under section 400.2-710, the price

(a) of goods accepted or of conforming goods lost or damagedwithin a commercially reasonable time after risk of their losshas passed to the buyer; and

(b) of goods identified to the contract if the seller isunable after reasonable effort to resell them at a reasonableprice or the circumstances reasonably indicate that such effortwill be unavailing.

(2) Where the seller sues for the price he must hold for thebuyer any goods which have been identified to the contract andare still in his control except that if resale becomes possiblehe may resell them at any time prior to the collection of thejudgment. The net proceeds of any such resale must be creditedto the buyer and payment of the judgment entitles him to anygoods not resold.

(3) After the buyer has wrongfully rejected or revokedacceptance of the goods or has failed to make a payment due orhas repudiated (section 400.2-610), a seller who is held notentitled to the price under this section shall nevertheless beawarded damages for nonacceptance under section 400.2-708.

(L. 1963 p. 503 § 2-709)

State Codes and Statutes

Statutes > Missouri > T26 > C400 > 400_2-709

Action for the price.

400.2-709. (1) When the buyer fails to pay the price as itbecomes due the seller may recover, together with any incidentaldamages under section 400.2-710, the price

(a) of goods accepted or of conforming goods lost or damagedwithin a commercially reasonable time after risk of their losshas passed to the buyer; and

(b) of goods identified to the contract if the seller isunable after reasonable effort to resell them at a reasonableprice or the circumstances reasonably indicate that such effortwill be unavailing.

(2) Where the seller sues for the price he must hold for thebuyer any goods which have been identified to the contract andare still in his control except that if resale becomes possiblehe may resell them at any time prior to the collection of thejudgment. The net proceeds of any such resale must be creditedto the buyer and payment of the judgment entitles him to anygoods not resold.

(3) After the buyer has wrongfully rejected or revokedacceptance of the goods or has failed to make a payment due orhas repudiated (section 400.2-610), a seller who is held notentitled to the price under this section shall nevertheless beawarded damages for nonacceptance under section 400.2-708.

(L. 1963 p. 503 § 2-709)

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State Codes and Statutes

Statutes > Missouri > T26 > C400 > 400_2-709

Action for the price.

400.2-709. (1) When the buyer fails to pay the price as itbecomes due the seller may recover, together with any incidentaldamages under section 400.2-710, the price

(a) of goods accepted or of conforming goods lost or damagedwithin a commercially reasonable time after risk of their losshas passed to the buyer; and

(b) of goods identified to the contract if the seller isunable after reasonable effort to resell them at a reasonableprice or the circumstances reasonably indicate that such effortwill be unavailing.

(2) Where the seller sues for the price he must hold for thebuyer any goods which have been identified to the contract andare still in his control except that if resale becomes possiblehe may resell them at any time prior to the collection of thejudgment. The net proceeds of any such resale must be creditedto the buyer and payment of the judgment entitles him to anygoods not resold.

(3) After the buyer has wrongfully rejected or revokedacceptance of the goods or has failed to make a payment due orhas repudiated (section 400.2-610), a seller who is held notentitled to the price under this section shall nevertheless beawarded damages for nonacceptance under section 400.2-708.

(L. 1963 p. 503 § 2-709)