Texas Business & Commerce Code - Section 2.704. Seller's Right To Identify Goods To The Contract Notwithstanding Breach Or To Salvage Unfinished Goods
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Texas Laws > Business & Commerce Code > Texas Business & Commerce Code - Section 2.704. Seller's Right To Identify Goods To The Contract Notwithstanding Breach Or To Salvage Unfinished Goods
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§ 2.704. SELLER'S RIGHT TO IDENTIFY GOODS TO THE CONTRACT
NOTWITHSTANDING BREACH OR TO SALVAGE UNFINISHED GOODS. (a) An
aggrieved seller under the preceding section 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.
Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.
Last modified: August 11, 2007