New Jersey Revised Statutes § 12a:2-709 - Action For The Price

12A: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 the next section, 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) 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.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (12A:2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for non-acceptance under the preceding section.

L.1961, c. 120, s. 2-709.


Section: Previous  12a-2-702  12a-2-703  12a-2-704  12a-2-705  12a-2-706  12a-2-707  12a-2-708  12a-2-709  12a-2-710  12a-2-711  12a-2-712  12a-2-713  12a-2-714  12a-2-715  12a-2-716  Next

Last modified: October 11, 2016