§ 41-02-88 — (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 41-02-89, 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. When the seller sues for the price, the seller must hold for the buyer any goods which
have been identified to the contract and are still in the seller's control except that if
resale becomes possible the seller 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 the buyer 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 (section 41-02-73), a seller who is
held not entitled to the price under this section shall nevertheless be awarded
damages for nonacceptance under section 41-02-87.