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O.C.G.A. § 11-2-709

Action for the price

Code 1933, § 109A-2-709, enacted by Ga

Measure of damages for buyer’s breach of contract to purchase article of dealer, 44 A.L.R. 349; 24 A.L.R.2d 1008.

Measure of damages for buyer’s repudiation of or failure to accept goods under executory contract, 44 A.L.R. 215; 108

Rate of exchange to be taken into account in assessing damages for breach of contract or nonpayment of money obligation payable in foreign currency, 105

Measure of damages for buyer’s breach of contract to purchase article from dealer or manufacturer’s agent, 24 A.L.R.2d 1008.

Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under Code Section

11-2-710, 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 becomes 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 (Code Section 11-2-610), a seller who is held not entitled to the price under this Code section shall nevertheless be awarded damages for nonacceptance under Code Section 11-2-708.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.