Wisconsin Statutes
Wis. Stat. § 402.709 (2026)
Action for the price
✓ current as of July 2026
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402.709(1)(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under s. 402.710, the price:
402.709(1)(a)(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
402.709(1)(b)(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.
402.709(2)(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.
402.709(3)(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (s. 402.610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under s. 402.708.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2005–2024 · leading case: Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98 (Wis. 2005).
Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98 (Wis. 2005). “See Wis. Stat. § 402.709 (1)(a). By claiming that some of the products Liteway sold were defective, Menard is necessarily attacking the legitimacy of Liteway's original judgment.”
Remapp Intern. Corp. v. Comfort Keyboard Co., Inc., 560 F.3d 628 (7th Cir. 2009). “Wis. Stat. § 402.709 (l)(b). Here, the magistrate judge found that the parties had a contract and had agreed to the price listed in the invoices.”
Create-A-Pack Foods Inc v. Batterlicious Cookie Dough Co. (E.D. Wis. 2022). “§ 402.709 (1)(a). Because the parties agree that Batterlicious accepted additional cookie dough products and then failed to pay Create-A-Pack for them, Create-A-Pack as a matter of law may recover the price of those products—which the parties agree is $132,200.”
JER Creative Food Concepts, Inc. v. Create a Pack Foods, Inc. (W.D. Wis. 2024). “607 (1) (“[t]he buyer must pay at the contract rate for any goods accepted”) and § 402.709(1)(a) (“[w]hen the buyer fails to pay the price as it becomes due the seller may recover .”
ReMAPP Int'l Corporati v. Comfort Keyboard Co. Incor (7th Cir. 2009). “Wis. Stat. § 402.709 (1)(b). Here, the magistrate judge found that the parties had a contract and had agreed to the price listed in the invoices.”
— Wis. Stat. § 402.709(1)(a) — 1 case
JER Creative Food Concepts, Inc. v. Create a Pack Foods, Inc. (W.D. Wis. 2024). “607 (1) (“[t]he buyer must pay at the contract rate for any goods accepted”) and § 402.709(1)(a) (“[w]hen the buyer fails to pay the price as it becomes due the seller may recover .”
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