2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 27 - Remedies
2709 - Action for the price.

     § 2709.  Action for the price.
        (a)  When allowable.--When the buyer fails to pay the price
     as it becomes due the seller may recover, together with any
     incidental damages under section 2710 (relating to incidental
     damages of seller), the price of:
            (1)  goods accepted or conforming goods lost or damaged
        within a commercially reasonable time after risk of their
        loss has passed to the buyer; and
            (2)  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.
        (b)  Duties of seller.--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 resale
     must be credited to the buyer and payment of the judgment
     entitles him to any goods not resold.
        (c)  Remedy if price not allowable.--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
     section 2708 (relating to damages of seller for nonacceptance or
     repudiation).

        Cross References.  Section 2709 is referred to in section
     2703 of this title.