Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

1. Law
2. Georgia Code
3. Commercial Code
4. Sales
5. Remedies
6. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

1. An aggrieved seller under Code Section 11-2-703 may:

1. Identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;
2. Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

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.

(Code 1933, § 109A-2 - 704, enacted by Ga. L. 1962, p. 156, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 67A Am. Jur. 2d, Sales, §§ 1105-1108.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:669.

C.J.S.

- 77A C.J.S., Sales, § 326.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-704.

ALR.

- Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.

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