UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.2709 Nonpayment; action for price, damages.
Sec. 2709.
(1) When the 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 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 2610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.
History: 1962, Act 174, Eff. Jan. 1, 1964
Notes of Decisions
Colonial Dodge, Inc. v. Miller, 328 N.W.2d 678 (Mich. Ct. App. 1982).
· cites it 6× “2706) or an action for price and damages (MCL 440.2709)." MCL 440.2703; MSA 19.2703 provides: "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…”
Detroit Power Screwdriver v. Ladney, 181 N.W.2d 828 (Mich. Ct. App. 1970).
· cites it 4× “Of the sections providing remedies for breach by the buyer, 5 plaintiff places principal reliance on MCLA § 440.2709(1) (Stat Ann 1964 Rev § 19.”
S C Gray, Inc. v. Ford Motor Co., 286 N.W.2d 34 (Mich. Ct. App. 1979).
“MCL 440.2709; MSA 19.2709. Incidental damages include: "[A]ny commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer’s breach, in connection with return or resale of the goods or…”
Haken v. Scheffler, 180 N.W.2d 206 (Mich. Ct. App. 1970).
· cites it 6× “We find no error as to issue number one. MCLA § 440.”
Astro Bldg. Supplies, Inc. v. Slavik, 433 B.R. 651 (E.D. Mich. 2010).
· cites it 2× “In its seven-count complaint, Astro alleged claims for: (1) account stated; (2) action for the price, pursuant to Mich. Comp. Laws § 440.2709 ; (3) breach of contract; (4) violation of the Michigan Building Contract Fund Act (which is sometimes referred to as the “Michigan…”
Skyline Steel Corp. v. A.J. Dupuis Co., 648 F. Supp. 360 (E.D. Mich. 1986).
· cites it 2× “§ 440.2709. Specifically, Skyline has calculated and requested damages as follows: Purchased Steel: Sale price for 34,550 lbs.”
Astro Bldg. Supplies, Inc. v. Slavik (In Re Slavik), 426 B.R. 711 (Bankr. E.D. Mich. 2010).
“According to Defendant’s Brief in Support of Motion for Summary Judgment, the state court complaint included seven legal theories: (1) Account Stated, (2) Action for the Price per MCL 440.2709, (3) Breach of Contract, (4) Violation of the Michigan Builders Trust Fund Act,…”
Almetals, Inc. v. Marwood Metal Fabrication Ltd. (E.D. Mich. 2020).
“) Plaintiff Almetals brings claims for Breach of Contract (Count I), Unjust Enrichment (Count II), and Action for the Price Pursuant to UCC 2-709 and MCL 440.2709 (Count III). (Id. ¶¶ 31-51.) On November 5, 2019, the same date Almetals filed its Complaint in this case, it also…”
Almetals, Inc. v. Marwood Metal Fabrication Ltd. (E.D. Mich. 2020).
“§ 440.2709. [Id.]. Less than a week before Almetals filed its complaint, Marwood had filed an action against Almetals in the Ontario Superior Court of Justice, alleging breach of contract, negligence and negligent representation.”
— Mich. Comp. Laws § 440.2709(1) — 2 cases
Detroit Power Screwdriver v. Ladney, 181 N.W.2d 828 (Mich. Ct. App. 1970).
“Of the sections providing remedies for breach by the buyer, 5 plaintiff places principal reliance on MCLA § 440.2709(1) (Stat Ann 1964 Rev § 19.”
Haken v. Scheffler, 180 N.W.2d 206 (Mich. Ct. App. 1970).
“We find no error as to issue number one. MCLA § 440.”
— Mich. Comp. Laws § 440.2709(1)(b) — 1 case
Colonial Dodge, Inc. v. Miller, 328 N.W.2d 678 (Mich. Ct. App. 1982).
“2706) or an action for price and damages (MCL 440.2709)." MCL 440.2703; MSA 19.2703 provides: "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…”
— Mich. Comp. Laws § 440.2709(3) — 2 cases
Detroit Power Screwdriver v. Ladney, 181 N.W.2d 828 (Mich. Ct. App. 1970).
“Of the sections providing remedies for breach by the buyer, 5 plaintiff places principal reliance on MCLA § 440.2709(1) (Stat Ann 1964 Rev § 19.”
Haken v. Scheffler, 180 N.W.2d 206 (Mich. Ct. App. 1970).
“We find no error as to issue number one. MCLA § 440.”
— Mich. Comp. Laws § 440.2709(l)(b) — 1 case
Colonial Dodge, Inc. v. Miller, 328 N.W.2d 678 (Mich. Ct. App. 1982).
“2706) or an action for price and damages (MCL 440.2709)." MCL 440.2703; MSA 19.2703 provides: "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…”
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