Ohio Statutes
§ 1302.78 — Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods - UCC 2-704
Ohio § 1302.78
This text of Ohio § 1302.78 (Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods - UCC 2-704) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ohio Rev. Code Ann. § 1302.78 (2026).
Text
(A)An aggrieved seller under section1302.77of the Revised Code may:
(1)identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;
(2)treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.
(B)Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
Last updated February 15, 2022 at 2:09 PM
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Related
Dean Technology, Inc. v. CE Power Solutions, LLC
96 F. Supp. 3d 736 (S.D. Ohio, 2015)
Legislative History
Effective: July 1, 1962 | Latest Legislation: Senate Bill 5 - 104th General Assembly
Nearby Sections
15
§ 1302.01
Definitions - UCC 2-103 to 2-106§ 1302.06
Seals inoperative - UCC 2-203§ 1302.07
Formation in general - UCC 2-204§ 1302.08
Firm offers - UCC 2-205Cite This Page — Counsel Stack
Bluebook (online)
Ohio § 1302.78, Counsel Stack Legal Research, https://law.counselstack.com/statute/oh/1302.78.