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 (KRS 355.2-612), then also with respect to the whole undelivered balance, the aggrieved seller may
(a) withhold delivery of such goods;
(b) stop delivery by any bailee as hereafter provided (KRS 355.2-705);
(c) proceed under KRS 355.2-704 respecting goods still unidentified to the contract;
(d) resell and recover damages as hereafter provided (KRS 355.2-706);
(e) recover damages for nonacceptance (KRS 355.2-708) or in a proper case the price (KRS 355.2-709);
(f) cancel. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-703, effective July 1, 1960.
Notes of Decisions
Cited in
3
cases, 1983–2007 · leading case:
Upton v. Ginn, 231 S.W.3d 788 (Ky. Ct. App. 2007).
Upton v. Ginn, 231 S.W.3d 788 (Ky. Ct. App. 2007).
“2-610 provides: When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may (a) for a commercially reasonable time await performance by the…”
Barnes v. Cmty. Trust Bank, 121 S.W.3d 520 (Ky. Ct. App. 2003).
“Rather, the remedies available to a seller or assignee (as in the ease of Community Trust) for breach of a contract for the sale of goods are found at KRS 355.2-703 to KRS 355.2-709, which are within UCC Article 2.”
In Re Louisville Motor Exch., Inc., 26 B.R. 490 (Bankr. W.D. Ky. 1983).
“In addition, KRS 355.2-703(f) holds the seller may cancel a contract if the buyer fails to make payments when due.”
— Ky. Rev. Stat. § 355.2-703(f) — 1 case
In Re Louisville Motor Exch., Inc., 26 B.R. 490 (Bankr. W.D. Ky. 1983).
“In addition, KRS 355.2-703(f) holds the seller may cancel a contract if the buyer fails to make payments when due.”
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