West Virginia § 46-2-704 Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

West Virginia Statutes

§ 46-2-704 — Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

West Virginia § 46-2-704

Ch. 46UNIFORM COMMERCIAL CODE

Art. 2SALES

This text of West Virginia § 46-2-704 (Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 46-2-704 (2026).

Text

(1)An aggrieved seller under the preceding section may

(a)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;

(b)treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

(2)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.

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(1) An aggrieved seller under the preceding section may

(a) 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;

(b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

(2) 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.