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Miss. Code Ann. § 75-2-709

Action for the price

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 2 court decisions — leading case C.R. Daniels, Inc. v. Yazoo Manufacturing Co. (1986)

Most recently applied in Lee v. Security Check, LLC (August 2000)

Codes, 1942, § 41A:2-709; Laws, 1966, ch. 316, § 2-709, eff March 31, 1968.

(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 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

(2) 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.

(3) 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.

(4) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (Section 2-610) [Section 75-2-610], a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under section 75-2-708.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.