2709 - Action for the price.

     § 2709.  Action for the price.        (a)  When allowable.--When the buyer fails to pay the price     as it becomes due the seller may recover, together with any     incidental damages under section 2710 (relating to incidental     damages of seller), the price of:            (1)  goods accepted or conforming goods lost or damaged        within a commercially reasonable time after risk of their        loss has passed to the buyer; and            (2)  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.        (b)  Duties of seller.--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 becomes possible he may resell them at any time prior to     the collection of the judgment. The net proceeds of any resale     must be credited to the buyer and payment of the judgment     entitles him to any goods not resold.        (c)  Remedy if price not allowable.--After the buyer has     wrongfully rejected or revoked acceptance of the goods or has     failed to make a payment due or has repudiated (section 2610), a     seller who is held not entitled to the price under this section     shall nevertheless be awarded damages for nonacceptance under     section 2708 (relating to damages of seller for nonacceptance or     repudiation).        Cross References.  Section 2709 is referred to in section     2703 of this title.