Ark. Code Ann. § 4-2-703 (2026)
Seller's remedies in general
Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (§ 4-2-612), then also with respect to the whole undelivered balance, the aggrieved seller may
- withhold delivery of such goods;
- stop delivery by any bailee as hereafter provided (§ 4-2-705);
- proceed under § 4-2-704 respecting goods still unidentified to the contract;
- resell and recover damages as hereafter provided (§ 4-2-706);
- recover damages for nonacceptance (§ 4-2-708) or in a proper case the price (§ 4-2-709);
- cancel.
History. Acts 1961, No. 185, § 2-703; A.S.A. 1947, § 85-2-703.
Research References
Ark. L. Rev.
Brill, The Election of Remedies Doctrine in Arkansas, 37 Ark. L. Rev. 385.
Case Notes
Cancellation.
The defendant had a statutory right to cancel any contract with the plaintiff to deliver goods for resale where the plaintiff was more than $200,000 in arrears on payments to the defendant for goods previously delivered. Heating & Air Specialists, Inc. v. Jones, 180 F.3d 923 (8th Cir. 1999).
Damages.
Where goods were accepted under § 4-2-606(1)(b), plaintiffs in breach of contract action were entitled to recover the unpaid balance of the contract price under provisions of § 4-2-709(1)(a) and defendant's breach of the contract which triggered seller's remedy under subsection (a) of this section included the right to recover damages for nonacceptance. Watson v. Miears, 612 F. Supp. 1235 (W.D. Ark. 1984), aff'd, 772 F.2d 433 (8th Cir. 1985).
Trial court did not err holding that a buyer was entitled to the return of $15,454 in a breach of contract action against a shaving mill seller; because the seller spent $10,406 in additional expenses to make the machine salable to another purchaser under subsection (d) of this section after the buyer declined to purchase it, that amount was properly subtracted from the buyer's $25,860 down payment. Bowen v. Gardner, 2013 Ark. App. 52, 425 S.W.3d 875 (2013).
Cited: Wawak v. Stewart, 247 Ark. 1093, 449 S.W.2d 922 (1970); Capital Steel Co. v. Foster & Creighton Co., 264 Ark. 683, 574 S.W.2d 256 (1978).