28-2-716. BUYER’S RIGHT TO SPECIFIC PERFORMANCE OR CLAIM AND DELIVERY. (1) Specific performance may be decreed where the goods are unique or in other proper circumstances.
(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(3) The buyer has a right to maintain a claim and delivery action for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family or household purposes, the buyer’s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
History:
[28-2-716, added 1967, ch. 161, sec. 2-716, p. 351; am. 2001, ch. 208, sec. 9, p. 809.]