12.05.050 Action for the Price

(a) When the buyer fails to pay the price as it becomes due, the seller may recover, together with any incidental damages, the price:

(1) Of goods accepted; and

(2) Of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and

(3) 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.

(b) 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 sale must be credited to the buyer.