554.2704  Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

1.  An aggrieved seller under the preceding section may

a.  identify to the contract conforming goods not already identified if at the time the seller learned of the breach they are in the seller's possession or control;

b.  treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

2.  Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.

Section History: Early form

  [C24, 27, 31, 35, 39, § 9992, 9993; C46, 50, 54, 58, 62, § 554.64, 554.65; C66, 71, 73, 75, 77, 79, 81, § 554.2704]

Internal References

  Referred to in § 554.2610

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