400.2-716. Buyer's right to specific performance or replevin. - Missouri Statutes

Buyer's right to specific performance or replevin.

400.2-716. (1) Specific performance may be decreed where the goodsare unique or in other proper circumstances.

(2) The decree for specific performance may include such terms andconditions as to payment of the price, damages, or other relief as thecourt may deem just.

(3) The buyer has a right of replevin for goods identified to thecontract if after reasonable effort he or she is unable to effect cover forsuch goods or the circumstances reasonably indicate that such effort willbe unavailing or if the goods have been shipped under reservation andsatisfaction of the security interest in them has been made or tendered.In the case of goods bought for personal, family or household purposes, thebuyer's right of replevin vests upon acquisition of a special property,even if the seller had not then repudiated or failed to deliver.

(L. 1963 p. 503 § 2-716, A.L. 2001 S.B. 288)

Effective 7-01-01

(1975) Under Missouri law specific performance may be had involving personalty and further it is not necessary that the remedy be available to both parties. Laclede Gas Company v. Amco Oil Company (C.A. Mo.) 522 F.2d 33.