§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 section 2‑710, 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 become 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 (section 2‑610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under section 2‑708.
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
11 §2-701. Remedies for breach of collateral contracts not impaired
11 §2-702. Seller's remedies on discovery of buyer's insolvency
11 §2-703. Seller's remedies in general
11 §2-705. Seller's stoppage of delivery in transit or otherwise
11 §2-706. Seller's resale including contract for resale
11 §2-707. "Person in the position of a seller"
11 §2-708. Seller's damages for nonacceptance or repudiation
11 §2-709. Action for the price
11 §2-710. Seller's incidental damages
11 §2-711. Buyer's remedies in general; buyer's security interest in rejected goods
11 §2-712. "Cover"; buyer's procurement of substitute goods
11 §2-713. Buyer's damages for nondelivery or repudiation
11 §2-714. Buyer's damages for breach in regard to accepted goods
11 §2-715. Buyer's incidental and consequential damages
11 §2-716. Buyer's right to specific performance or replevin
11 §2-717. Deduction of damages from price
11 §2-718. Liquidation or limitation of damages; deposits
11 §2-719. Contractual modification or limitation of remedy
11 §2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach
11 §2-722. Who can sue third parties for injury to goods
11 §2-723. Proof of market price; time and place