Public-domain · open source
OpenJurist

Miss. Code Ann. § 75-2-716

Buyer’s right to specific performance or replevin

Known as the Uniform Commercial Code

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

Applied in 2 court decisions — leading case Weathersby v. Gore (1977)

Most recently applied in 363 So. 2d 294 - Cumbest v. Harris (October 1978)

Codes, 1942, § 41A:2-716; Laws, 1966, ch. 316, § 2-716, eff March 31, 1968; Laws, 2001, ch. 495, § 10, eff from and after Jan. 1, 2002.

(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.

(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer’s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

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.