554.2709 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 554.2710, 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 beunavailing. 2. Where the seller sues for the price the seller must hold for the buyer any goods which have been identified to the contract and are still in the seller’s control except that ifresale becomes possible the seller may resell them at any time prior to the collection of thejudgment. The net proceeds of any such resale must be credited to the buyer and paymentof the judgment entitles the buyer 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 554.2610), a seller who is held not entitledto the price under this section shall nevertheless be ted or revoked acceptance of the goods or has failed to make a payment due or has repudiated (section 554.2610), a seller who is held not entitledto the price under this section shall nevertheless be awarded damages for nonacceptanceunder section 554.2708. [C24, 27, 31, 35, 39, §9992; C46, 50, 54, 58, 62, §554.64; C66, 71, 73, 75, 77, 79, 81, §554.2709]2008 Acts, ch 1032, §75; 2009 Acts, ch 41, §162Referred to in §554.2703 Sat Dec 23 01:52:11 2023 Iowa Code 2024, Section 554.2709 (24, 0)
Iowa Legal Code