The Vermont Statutes Online
Uniform Commercial Code
2-709. Action for the price
(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 (§ 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.