Sec. 42a-2-709. Action for the price.
Sec. 42a-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
section 42a-2-710, 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 as provided in section 42a-2-610,
a seller who is held not entitled to the price under this section shall nevertheless be
awarded damages for nonacceptance under the preceding section.
(1959, P.A. 133, S. 2-709.)
Annotations to former statute (1958 Rev., S. 42-63):
What law governs; nature and elements of action for price where title has not passed; where vendee notifies vendor
that it will not accept certain part of goods, vendor need not separate and withhold that part. 85 C. 140; 86 C. 494. Recovery
of balance of price over amount received by vendor on sale of goods under his lien. 86 C. 22. Effect of repudiation of
contract by vendee; where vendor accepts goods returned, notice necessary; effect of leaving goods in hands of carrier
designated by vendee. Id., 494; 88 C. 22. Cited. 89 C. 342. Retention of jus disponendi by seller does not prevent title
passing. 93 C. 219. Countermand of order by buyer before shipment does not prevent delivery. 94 C. 88. Where goods
come up to contract and delivery has been made, seller has right to sue for contract price. 97 C. 673. Other remedies of
seller. Id., 674. Situation where seller resells on buyer's refusal to accept. 98 C. 501. Acceptance of late delivery and
defective quality without notice to seller of objection, precludes recovery on counterclaim. 104 C. 681. Action should be
brought under this section where buyer wrongfully refuses to accept balance of order and seller does not force acceptance
but merely sues for price of installments actually delivered. 106 C. 377.
Annotations to present section:
Cited. 165 C. 300. Cited. 166 C. 280.
Full contract price could be recovered by plaintiff-seller of kitchen equipment where defendant repudiated a month
after performance had begun. 5 Conn. Cir. Ct. 444. Refusal by defendant of goods unless carrier brought them into his
store was at sole risk of defendant and seller could recover price. Id., 597.
Subsec. (1):
Subdiv. (a) cited. 187 C. 540; 189 C. 433. Subdiv. (b) cited. Id.