Tennessee Code Annotated
Tenn. Code Ann. § 47-2-703 (2026)
Seller's remedies in general
✓ current as of May 2026
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 (§ 47-2-612), 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 (§ 47-2-705);
- (c) proceed under the next section respecting goods still unidentified to the contract;
- (d) resell and recover damages as hereafter provided (§ 47-2-706);
- (e) recover damages for nonacceptance (§ 47-2-708) or in a proper case the price (§ 47-2-709);
- (f) cancel.
Acts 1963, ch. 81, § 1 (2-703).
Notes of Decisions
Cited in 5
cases, 1991–2019 · leading case: Marlow v. Oakland Gin Co. (In Re Julien Co.), 128 B.R. 987 (Bankr. W.D. Tenn. 1991).
Marlow v. Oakland Gin Co. (In Re Julien Co.), 128 B.R. 987 (Bankr. W.D. Tenn. 1991). “STOPPAGE IN TRANSIT Oakland also argued that it stopped the goods in transit pursuant to Tennessee Code Annotated §§ 47-2-703(b) and 705. This theory would depend upon The Julien Warehouse being Oakland’s bailee.”
Mold-Tech USA, LLC v. Holley Performance Prods., Inc. (Tenn. Ct. App. 2005). “*** Tenn. Code Ann. § 47-2-703 (2001) Where the buyer .”
Russell Barnett Ford of Tullahoma, Inc. v. H&S Bakery, Inc. (E.D. Tenn. 2019). “§ 47-2-703 . Plaintiff identifies no fault or omission in the scheme of remedies Article 2 gives to sellers and buyers.”
Super Grip Corp. v. B & D Super Grip, Inc., - Concurring (Tenn. Ct. App. 1997). “See T.C.A. §47-2-703(f). In this case, defendant was advised that the non-payment would be treated as a breach unless payment was forthcoming, which defendant again refused to pay.”
Banco Int'l, Inc. v. Goody's Fam. Clothing, 54 F. Supp. 2d 765 (E.D. Tenn. 1999). “— When either party repudiates the contract with respect to a performance not yet due the *774 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 repudiating…”
— Tenn. Code Ann. § 47-2-703(b) — 1 case
Marlow v. Oakland Gin Co. (In Re Julien Co.), 128 B.R. 987 (Bankr. W.D. Tenn. 1991). “STOPPAGE IN TRANSIT Oakland also argued that it stopped the goods in transit pursuant to Tennessee Code Annotated §§ 47-2-703(b) and 705. This theory would depend upon The Julien Warehouse being Oakland’s bailee.”
— Tenn. Code Ann. § 47-2-703(f) — 1 case
Super Grip Corp. v. B & D Super Grip, Inc., - Concurring (Tenn. Ct. App. 1997). “See T.C.A. §47-2-703(f). In this case, defendant was advised that the non-payment would be treated as a breach unless payment was forthcoming, which defendant again refused to pay.”
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