§ 34.1-2-709 — Action for the price

Wyoming § 34.1-2-709

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 2: SALES

Text

(a) 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:
(i) 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
(ii) 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.
(b) 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.
(c) After the buyer has wrongfully rejected or revokes
acceptance of the goods or has failed to make a payment due or
has repudiated (section 34.1-2-610), a seller who is held not
entitled to the price under this section shall nevertheless be
awarded damages for nonacceptance under the preceding section.