(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
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
§ 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
§ 28:2–705. 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