§ 6A-2-709 - Action for the price. - Rhode Island Statutes

SECTION 6A-2-709

   § 6A-2-709  Action for the price. –(1) When the buyer fails to pay the price as it becomes due the seller mayrecover, together with any incidental damages under the next section, the price,

   (a) Of goods accepted or of conforming goods lost or damagedwithin a commercially reasonable time after risk of their loss has passed tothe buyer; and

   (b) Of goods identified to the contract if the seller isunable after reasonable effort to resell them at a reasonable price or thecircumstances reasonably indicate that such effort will be unavailing.

   (2) Where the seller sues for the price he or she must holdfor the buyer any goods which have been identified to the contract and arestill in his or her control except that if resale becomes possible he or shemay resell them at any time prior to the collection of the judgment. The netproceeds of any such resale must be credited to the buyer and payment of thejudgment entitles him or her to any goods not resold.

   (3) After the buyer has wrongfully rejected or revokedacceptance of the goods or has failed to make a payment due or has repudiated(§ 6A-2-610), a seller who is held not entitled to the price under thissection shall nevertheless be awarded damages for nonacceptance under thepreceding section.