(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.
(Acts 1965, No. 549, p. 811; Act 2001-481, p. 647, §2.)
Notes of Decisions
Century Auto. Grp. v. Structure Designs, LLC, 168 So. 3d 64 (Ala. Civ. App. 2014).
· cites it 2× “"(2) Where the seller fails to deliver or repudiates the buyer may also: "(a) If the goods have been identified recover them as provided in this article (Section 7-2-502); or “(b) In a proper case obtain specific performance or replevy the goods as provided in this article…”
Intergraph Corp. v. Intel Corp., 3 F. Supp. 2d 1255 (N.D. Ala. 1998).
“Code § 7-2-716(1).- “Output and requirements contracts involving a particular or peculiarly available source or market present today the typical commercial specific performance situation_” Id.”
— Ala. Code § 7-2-716(1) — 2 cases
Century Auto. Grp. v. Structure Designs, LLC, 168 So. 3d 64 (Ala. Civ. App. 2014).
“"(2) Where the seller fails to deliver or repudiates the buyer may also: "(a) If the goods have been identified recover them as provided in this article (Section 7-2-502); or “(b) In a proper case obtain specific performance or replevy the goods as provided in this article…”
Intergraph Corp. v. Intel Corp., 3 F. Supp. 2d 1255 (N.D. Ala. 1998).
“Code § 7-2-716(1).- “Output and requirements contracts involving a particular or peculiarly available source or market present today the typical commercial specific performance situation_” Id.”
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