1. When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under section 554.2710, 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 the seller must hold for the buyer any goods which have been identified to the contract and are still in the seller’s control except that if resale becomes possible the seller 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 the buyer 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 554.2610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under section 554.2708. [C24, 27, 31, 35, 39, §9992; C46, 50, 54, 58, 62, §554.64; C66, 71, 73, 75, 77, 79, 81, §554.2709] 2008 Acts, ch 1032, §75; 2009 Acts, ch 41, §162 Referred to in §554.2703 \n
Notes of Decisions
Purina Mills, L.L.C. v. Less, 295 F. Supp. 2d 1017 (N.D. Iowa 2003).
· cites it 16× “Iowa Code § 554.2709 (l)(a). An action for price under section 2-709 is tantamount to an action for specific performance.”
Data Documents, Inc. v. Pottawattamie Cnty., 604 N.W.2d 611 (Iowa 2000).
· cites it 12× “Iowa Code § 554.2709 . Data contends that the district court’s conclusion that Data was not entitled to damages was contrary to Iowa Code section 554.”
NuTech Seed, LLC v. Roup, 212 F. Supp. 3d 783 (S.D. Iowa 2015).
· cites it 3× “” Iowa Code § 554.2709 (1). In essence, to recover the price of accepted goods under § 554.”
Whewell v. Dobson, 227 N.W.2d 115 (Iowa 1975).
· cites it 2× “In the fourth division of his brief and argument defendant asserts plaintiff may not recover the price under section 554.2709, The Code, since he had failed to fulfill the necessary conditions precedent.”
Hayes v. Hettinga, 228 N.W.2d 181 (Iowa 1975).
“Although, as already noted, the pleadings are not entirely free from doubt, we conclude plaintiff brought this action to recover for the price of goods sold under § 554.2709, the relevant portion of which is here set out: *184 “(1) When the buyer fails to pay the price as it…”
Trs. of the Iowa Laborers Dist. Council Health & Welfare Trust Trs. of the Laborers Nat'l Pension Fund & Trs. of the Iowa Builders Ret. Fund v. Ankeny Cmty. Sch. Dist., Betts & Beer Constr. Co., Inc., W. Sur. Co., Grove Masonry, Inc., Twin City Concrete Prods. Co., Sioux City Brick & Tile Co., & Oldcastle Apg., Inc., Oldcastle Apg West, Inc. A/K/A Rhino Materials defendant/crossclaim v. Grove Masonry, Inc., Crossclaim (Iowa Ct. App. 2014).
· cites it 8× “The district court denied the claim for the amount owed because Oldcastle’s pleadings described that amount owed as an open account, and the 14 Oldcastle’s appeal is largely predicated on the principle of Iowa Code section 554.2709, which provides, “When the buyer fails to pay…”
Precision Indus. v. Behnke Lubricants, Inc., 396 F. Supp. 2d 1012 (S.D. Iowa 2005).
· cites it 7× “Iowa Code § 554.2709 (l)(a) provides: “When a *1017 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 (a) of the goods accepted.”
— Iowa Code § 554.2709(1) — 1 case
NuTech Seed, LLC v. Roup, 212 F. Supp. 3d 783 (S.D. Iowa 2015).
“” Iowa Code § 554.2709 (1). In essence, to recover the price of accepted goods under § 554.”
— Iowa Code § 554.2709(1)(a) — 1 case
— Iowa Code § 554.2709(l)(a) — 1 case
Precision Indus. v. Behnke Lubricants, Inc., 396 F. Supp. 2d 1012 (S.D. Iowa 2005).
“Iowa Code § 554.2709 (l)(a) provides: “When a *1017 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 (a) of the goods accepted.”
— Iowa Code § 554.2709(l)(b) — 1 case
Data Documents, Inc. v. Pottawattamie Cnty., 604 N.W.2d 611 (Iowa 2000).
“Iowa Code § 554.2709 . Data contends that the district court’s conclusion that Data was not entitled to damages was contrary to Iowa Code section 554.”
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