70A-2-709 - Action for the price. - Utah Statutes

70A-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 commerciallyreasonable 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 resellthem at a reasonable price or the circumstances reasonably indicate that such effort will beunavailing.
(2) Where the seller sues for the price he must hold for the buyer any goods which havebeen identified to the contract and are still in his control except that if resale becomes possible hemay resell them at any time prior to the collection of the judgment. The net proceeds of any suchresale must be credited to the buyer and payment of the judgment entitles him to any goods notresold.
(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or hasfailed to make a payment due or has repudiated (Section 70A-2-610), a seller who is held notentitled to the price under this section shall nevertheless be awarded damages for nonacceptanceunder the preceding section.

Enacted by Chapter 154, 1965 General Session