Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:
Source: L. 65: p. 1343, § 1. C.R.S. 1963: § 155-2-722.
Prior Uniform Statutory Provision: None.
Purposes: To adopt and extend somewhat the principle of the statutes which provide for suit by the real party in interest. The provisions of this section apply only after identification of the goods. Prior to that time only the seller has a right of action. During the period between identification and final acceptance (except in the case of revocation of acceptance) it is possible for both parties to have the right of action. Even after final acceptance both parties may have the right of action if the seller retains possession or otherwise retains an interest.
Definitional Cross References:
"Action". Section 4-1-201.
"Buyer". Section 4-2-103.
"Contract for sale". Section 4-2-106.
"Goods". Section 4-2-105.
"Party". Section 4-1-201.
"Rights". Section 4-1-201.
"Security interest". Section 4-1-201.
Structure Colorado Code
Title 4 - Uniform Commercial Code
§ 4-2-701. Remedies for Breach of Collateral Contracts Not Impaired
§ 4-2-702. Seller's Remedies on Discovery of Buyer's Insolvency
§ 4-2-703. Seller's Remedies in General
§ 4-2-705. Seller's Stoppage of Delivery in Transit or Otherwise
§ 4-2-706. Seller's Resale Including Contract for Resale
§ 4-2-707. "Person in the Position of a Seller"
§ 4-2-708. Seller's Damages for Nonacceptance or Repudiation
§ 4-2-709. Action for the Price
§ 4-2-710. Seller's Incidental Damages
§ 4-2-711. Buyer's Remedies in General - Buyer's Security Interest in Rejected Goods
§ 4-2-712. "Cover" - Buyer's Procurement of Substitute Goods
§ 4-2-713. Buyer's Damages for Nondelivery or Repudiation
§ 4-2-714. Buyer's Damages for Breach in Regard to Accepted Goods
§ 4-2-715. Buyer's Incidental and Consequential Damages
§ 4-2-716. Buyer's Right to Specific Performance or Replevin
§ 4-2-717. Deduction of Damages From the Price
§ 4-2-718. Liquidation or Limitation of Damages - Deposits
§ 4-2-719. Contractual Modification or Limitation of Remedy
§ 4-2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach
§ 4-2-722. Who Can Sue Third Parties for Injury to Goods
§ 4-2-723. Proof of Market Price - Time and Place