Tennessee Code Annotated
Tenn. Code Ann. § 47-2-709 (2026)
Action for the price
✓ current as of May 2026
- (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 (§ 47-2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.
Acts 1963, ch. 81, § 1 (2-709).
Notes of Decisions
Cited in 6
cases, 1980–2014 · leading case: Alumax Aluminum Corp., Magnolia Div. v. Armstrong Ceiling Sys., Inc., 744 S.W.2d 907 (Tenn. Ct. App. 1987).
Alumax Aluminum Corp., Magnolia Div. v. Armstrong Ceiling Sys., Inc., 744 S.W.2d 907 (Tenn. Ct. App. 1987). “Whether or not the trial court erred in imposing damages under T.C.A. § 47-2-709. I. Express or Implied Warranty Defendant first argues that the plaintiff expressly warranted that the ceiling system would be in all respects adequate for the construction- project for which it was…”
Prod. Steel, Inc. v. Sumitomo Corp. of Am. (In Re Prod. Steel, Inc.), 54 B.R. 417 (Bankr. M.D. Tenn. 1985). “§ 47-2-709 (1979) (Action for the price).”
Claybrook v. AutoZone Texas, L.P. (In Re Am. Remanufacturers, Inc.), 451 B.R. 349 (Bankr. D. Del. 2011). “See Tenn.Code Ann. § 47-2-709. Though AutoZone made reasonable efforts to resell the Rejected Returns at a reasonable price, it was unable to do so.”
Harris Corp. v. Mallicote, 514 F. Supp. 7 (E.D. Tenn. 1980). “§ 1332 (a)(l), (c) under the Uniform Commercial Code, T.C.A. § 47-2-709(1)(a), for the recovery of the price of goods (machinery) sold and bought.”
City of Athens v. Blair Strong Enter., LLC, d/b/a Open Door Cafe (Tenn. Ct. App. 2014). “Tenn. Code Ann. § 47-2-709 (1)(a). Therefore, BSE is allowed to collect payment for the unpaid beer, just as it would be able to collect payment from anyone who lawfully purchased something at the restaurant and left without paying for it.”
Mold-Tech USA, LLC v. Holley Performance Prods., Inc. (Tenn. Ct. App. 2005). “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…”
— Tenn. Code Ann. § 47-2-709(1)(a) — 1 case
Harris Corp. v. Mallicote, 514 F. Supp. 7 (E.D. Tenn. 1980). “§ 1332 (a)(l), (c) under the Uniform Commercial Code, T.C.A. § 47-2-709(1)(a), for the recovery of the price of goods (machinery) sold and bought.”
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