(1) When the buyer fails to pay the price as it becomes due, the seller may recover, together with any incidental damages under section 4-2-710, the price:
Of goods accepted or of conforming goods lost or damaged within a commerciallyreasonable time after risk of their loss has passed to the buyer; and
Of goods identified to the contract if the seller is unable after reasonable effort toresell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.
Where the seller sues for the price, he must hold for the buyer any goods which havebeen 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.
After the buyer has wrongfully rejected or revoked acceptance of the goods or hasfailed to make a payment due or has repudiated (section 4-2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under section 4-2-708.
Source: L. 65: p. 1338, § 1. C.R.S. 1963: § 155-2-709.