Section 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 the 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 (Section 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.Okla. Stat. tit. 12A, § 2-709
Laws 1961, p. 98, § 2-709.Oklahoma Code Comment
Prior Statutory Provisions:
23 O.S. § 31.
Text and derivation of prior provisions, see Appendix at end of this title
Comment:
(1) Previous Oklahoma law permitted the seller to recover the purchase price when title to the goods had passed to the buyer, even though the seller was still in possession. 23 O.S. § 31, now repealed.
(2) There are no comparable previous Oklahoma decisions or statutes. There was a dispute among other jurisdictions as to whether the filing of an action for the purchase price was an election of remedies to preclude the sale of the goods, and whether the vendor's remedies "merged" into the judgment. This rule makes it clear that the power of sale continues to the collection of judgment.
(3) This simply preserves the seller's rights to damages in the event that he is not entitled to the recovery of the purchase price.