(1) When the buyer fails to pay the price as it becomes due, the seller may recover, together with any incidental damages under section 4-2-710, 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 (section 4-2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under section 4-2-708.
Source: L. 65: p. 1338, § 1. C.R.S. 1963: § 155-2-709.
Notes of Decisions
Cissell Mfg. Co. v. Park, 36 P.3d 85 (Colo. Ct. App. 2001).
· cites it 5× “See § 4-2-709, (action for the price). In such an action, the seller is entitled to recovery of the price of "goods accepted.”
Great W. Sugar Co. v. Pennant Prods., Inc., 748 P.2d 1359 (Colo. Ct. App. 1987).
· cites it 7× “Section 4-2-709(1) provides that: “When the buyer fails to pay the price as it becomes due, seller may recover, together with any incidental damages under § 4-2-710, the price: [[Image here]] (b) Of goods identified to the contract if the seller is unable after a reasonable…”
Jelen & Son, Inc. v. Bandimere, 801 P.2d 1182 (Colo. 1990).
· cites it 4× “ds, Bandi-mere could: (a) Withhold delivery of such goods; (b) Stop delivery by any bailee as hereafter provided (section 4 — 2—705); (c) Proceed under section 4-2-704 respecting goods still unidentified to the contract; (d) Resell and recover damages as hereafter provided…”
Cal-Circuit Abco, Inc. v. Solbourne Comput., Inc., 848 F. Supp. 1506 (D. Colo. 1994).
· cites it 5× “The issue here is whether Solbourne’s claim for damages was submitted to arbitration, not whether the specific statutory source for the remedy was presented.”
Nations Enter., Inc. v. PROCESS EQMT., 579 P.2d 655 (Colo. Ct. App. 1978).
· cites it 2× “See § 4-2-201(3)(c) and § 4-2-709, C.R.S.1973. Accordingly, that portion of the judgment in favor of Nations on its breach of contract claim for damages and attorneys fees is reversed.”
Colo. Rev. Stat. § 4-2-709(1): 1 case
Great W. Sugar Co. v. Pennant Prods., Inc., 748 P.2d 1359 (Colo. Ct. App. 1987).
“Section 4-2-709(1) provides that: “When the buyer fails to pay the price as it becomes due, seller may recover, together with any incidental damages under § 4-2-710, the price: [[Image here]] (b) Of goods identified to the contract if the seller is unable after a reasonable…”
Colo. Rev. Stat. § 4-2-709(1)(a): 1 case
Cissell Mfg. Co. v. Park, 36 P.3d 85 (Colo. Ct. App. 2001).
“See § 4-2-709, (action for the price). In such an action, the seller is entitled to recovery of the price of "goods accepted.”
Colo. Rev. Stat. § 4-2-709(l)(b): 1 case
Great W. Sugar Co. v. Pennant Prods., Inc., 748 P.2d 1359 (Colo. Ct. App. 1987).
“Section 4-2-709(1) provides that: “When the buyer fails to pay the price as it becomes due, seller may recover, together with any incidental damages under § 4-2-710, the price: [[Image here]] (b) Of goods identified to the contract if the seller is unable after a reasonable…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.