§ 6A-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 the next section, 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 or she must hold for the buyer any goods which have been identified to the contract and are still in his or her control except that if resale becomes possible he or she 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 or her 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 (§ 6A-2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.
History of Section.P.L. 1960, ch. 147, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Section 6A-2-701. - Remedies for breach of collateral contracts not impaired.
Section 6A-2-702. - Seller’s remedies on discovery of buyer’s insolvency.
Section 6A-2-703. - Seller’s remedies in general.
Section 6A-2-705. - Seller’s stoppage of delivery in transit or otherwise.
Section 6A-2-706. - Seller’s resale including contract for resale.
Section 6A-2-707. - “Person in the position of a seller.”
Section 6A-2-708. - Seller’s damages for nonacceptance or repudiation.
Section 6A-2-709. - Action for the price.
Section 6A-2-710. - Seller’s incidental damages.
Section 6A-2-711. - Buyer’s remedies in general — Buyer’s security interest in rejected goods.
Section 6A-2-712. - “Cover” — Buyer’s procurement of substitute goods.
Section 6A-2-713. - Buyer’s damages for nondelivery or repudiation.
Section 6A-2-714. - Buyer’s damages for breach in regard to accepted goods.
Section 6A-2-715. - Buyer’s incidental and consequential damages.
Section 6A-2-716. - Buyer’s right to specific performance or replevin.
Section 6A-2-717. - Deduction of damages from the price.
Section 6A-2-718. - Liquidation or limitation of damages — Deposits.
Section 6A-2-719. - Contractual modification or limitation of remedy.
Section 6A-2-720. - Effect of “cancellation” or “rescission” on claims for antecedent breach.
Section 6A-2-721. - Remedies for fraud.
Section 6A-2-722. - Who can sue third parties for injury to goods.
Section 6A-2-723. - Proof of market price — Time and place.
Section 6A-2-724. - Admissibility of market quotations.
Section 6A-2-725. - Statute of limitations — Contracts for sale — Breach of warranty.