30-2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. (1) An aggrieved seller under the preceding section may:
(a) identify to the contract conforming goods not already identified if at the time the seller learned of the breach they are in the seller's possession or control;
(b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
History: En. Sec. 2-704, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-704; amd. Sec. 875, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
30-2-701. Remedies for breach of collateral contracts not impaired
30-2-702. Seller's remedies on discovery of buyer's insolvency
30-2-703. Seller's remedies in general
30-2-705. Seller's stoppage of delivery in transit or otherwise
30-2-706. Seller's resale including contract for resale
30-2-707. "Person in the position of a seller"
30-2-708. Seller's damages for nonacceptance or repudiation
30-2-709. Action for the price
30-2-710. Seller's incidental damages
30-2-711. Buyer's remedies in general -- buyer's security interest in rejected goods
30-2-712. "Cover" -- buyer's procurement of substitute goods
30-2-713. Buyer's damages for nondelivery or repudiation
30-2-714. Buyer's damages for breach in regard to accepted goods
30-2-715. Buyer's incidental and consequential damages
30-2-716. Buyer's right to specific performance or recovery of goods
30-2-717. Deduction of damages from the price
30-2-718. Liquidation or limitation of damages -- deposits
30-2-719. Contractual modification or limitation of remedy
30-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach
30-2-722. Who can sue third parties for injury to goods
30-2-723. Proof of market price -- time and place