District of Columbia Code
Part VII - Remedies
§ 28:2–707. “Person in the position of a seller”

(1) A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller.
(2) A person in the position of a seller may as provided in this article withhold or stop delivery (section 28:2-705) and resell (section 28:2-706) and recover incidental damages (section 28:2-710).
(Dec. 30, 1963, 77 Stat. 666, Pub. L. 88-243, § 1.)
1981 Ed., § 28:2-707.
1973 Ed., § 28:2-707.
This section is referenced in § 28:2-103, § 28:2-104, and § 28:2-706.
Prior Uniform Statutory Provision: Section 52(2), Uniform Sales Act.
Changes: Rewritten.
Purposes of Changes: To make it clear that:
In addition to following in general the prior uniform statutory provision, the case of a financing agency which has acquired documents by honoring a letter of credit for the buyer or by discounting a draft for the seller has been included in the term “a person in the position of a seller.”
Cross Reference: Article 5, Section 2-506.
Definitional Cross References: “Consignee”. Section 7-102.
“Consignor”. Section 7-102.
“Goods”. Section 2-105.
“Security interest”. Section 1-201.
“Seller”. Section 2-103.

Structure District of Columbia Code

District of Columbia Code

Title 28 - Commercial Instruments and Transactions. [Enacted title]

Subtitle I - Uniform Commercial Code

Article 2 - Sales

Part VII - Remedies

§ 28:2–701. Remedies for breach of collateral contracts not impaired

§ 28:2–702. Seller’s remedies on discovery of buyer’s insolvency

§ 28:2–703. Seller’s remedies in general

§ 28:2–704. Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

§ 28:2–705. Seller’s stoppage of delivery in transit or otherwise

§ 28:2–706. Seller’s resale including contract for resale

§ 28:2–707. “Person in the position of a seller”

§ 28:2–708. Seller’s damages for non-acceptance or repudiation

§ 28:2–709. Action for the price

§ 28:2–710. Seller’s incidental damages

§ 28:2–711. Buyer’s remedies in general; buyer’s security interest in rejected goods

§ 28:2–712. “Cover”; buyer’s procurement of substitute goods

§ 28:2–713. Buyer’s damages for non-delivery or repudiation

§ 28:2–714. Buyer’s damages for breach in regard to accepted goods

§ 28:2–715. Buyer’s incidental and consequential damages

§ 28:2–716. Buyer’s right to specific performance or replevin

§ 28:2–717. Deduction of damages from the price

§ 28:2–718. Liquidation or limitation of damages; deposits

§ 28:2–719. Contractual modification or limitation of remedy

§ 28:2–720. Effect of “cancellation” or “rescission” on claims for antecedent breach

§ 28:2–721. Remedies for fraud

§ 28:2–722. Who can sue third parties for injury to goods

§ 28:2–723. Proof of market price: time and place

§ 28:2–724. Admissibility of market quotations

§ 28:2–725. Statute of limitations in contracts for sale