...accepted delivery from Bulk but refused to pay. After the breach, Bulk incurred further interest charges on the Chase loan which it paid on a monthly basis. Invoking N.Y. UCC § 2-709(1...Chase and on the unpaid purchase price. UCC § 2-709(1)(a) provides, in part: "When the buyer fails to pay the price as it becomes due...erred in awarding (1) Bulk's post-breach interest payments to Chase as incidental damages under UCC § 2-709, (2) both Bulk's postbreach interest payments to Chase and statutory pre-verdict interest on...

...$2,681.75. Pursuant to Uniform Commercial Code § 2-709, the contract price may be an appropriate measure of damages if the buyer fails to pay the price and "if the seller is unable after reasonable effort to resell [the goods] at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing" (UCC 2...seller is not entitled to recover the contract price under section 2-709, damages may nevertheless be awarded pursuant to Uniform Commercial Code § 2-708 (see, UCC 2-709). We...-709[b]). Subdivision 2 of section 2-709 provides...

...Cir 1929], cert denied 280 U.S. 583.) In regard to the undelivered goods, UCC 2-709 (1) (b) provides: "(1) When the buyer fails to.... Thus, the plaintiff has failed to establish that he has attempted to resell the undelivered goods and is therefore not entitled to recovery for them under UCC 2-709 (1) (b). In...an action for the price of goods under UCC 2-709 (1) (a), "[w]hen the buyer fails to pay the price as it becomes due the seller may recover * * * the price * * * of [the] goods accepted". The facts...

...construction of defendant's new home, and was without the statute. We find the record presents issues of fact as to whether plaintiff performed within a reasonable time under UCC 2-309, and whether the cabinets might be resold at a reasonable price under UCC 2-709. Concur — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ. ...

...Commercial Code § 2-709, the contract price may be an appropriate measure of damages if the buyer fails to pay the price and "if the seller is unable after reasonable effort to resell [the goods] at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing" (UCC 2...recover the contract price under section 2-709, damages may nevertheless be awarded pursuant to Uniform Commercial Code § 2-708 (see, UCC 2-709 [3...-709 [1] [b]). Subdivision (2) of section 2-709 provides...

...counterclaim ( see UCCA 1804-A, 1807-A). However, defendant's recovery of the price (UCC 2-709) is contingent upon his returning to plaintiff the subject awning which defendant removed from...plaintiff's premises ( see UCCA 1805-A; UCC 2-709). While defendant established his entitlement to recovering the price as indicated, his proof was insufficient to establish his right to recover the cost...note that, under the circumstances, plaintiff is, in any event, not entitled to restitution of its down payment pursuant to section 2-718 (2) of the Uniform Commercial Code, since, pursuant to UCC 2...

...coil because it failed to mitigate its damages. (Doc. 45 at 4). UCC 2-709, codified as Ohio Rev. Code. § 1302.83(A)(2), governs the duty of mitigation and provides as follows...of law that Alloys failed to make reasonable efforts to resell the coils (Doc. 45 at 4-5). As a result, Aeronca argues, Alloys cannot satisfy the requirements of UCC 2-709 and may not seek damages...). Other courts interpreting UCC 2-709 have similarly agreed. See W.I. Snyder v...

...installed by defendant pursuant to the contract. Since there is ample support in the record for the trial court's conclusions (UCC 2-709), the judgment is affirmed...

...alleging breach of contract, UCC § 2-709 Action for Price, accounts stated, and unjust enrichment against Defendant Louise Paris Ltd. d/b/a Me Jane. Plaintiff...

.... UCC § 2-709 permits the seller to recover the purchase price of goods which have been accepted by the buyer. Each plaintiff contends that the hops were accepted by defendant. Each plaintiff...resell the goods at a reasonable price. This contention is not supported by the language of section 2-709 because it fails to differentiate between the Code provisions applicable to "goods accepted" and "goods identified". UCC § 2...-709(1)(a) gives an unqualified right to the seller of "goods accepted" to recover the price. UCC § 2-709(1)(b) gives a conditional right to the seller of "goods identified...

...tried. Id. Plaintiff's Motion Uniform Commercial Code ("UCC") § 2-607(1) provides, "The buyer must pay at the contract rate for any goods accepted." See also UCC § 2-709(1.... See Defendant's Memorandum of Law in Opposition at 6. On the contrary, plaintiff has clearly produced writings sufficient to satisfy UCC § 2-201(2) and UCC § 2-207(1). See Exhibits B-J...not notify plaintiff of any defect in the goods until at least six months later in July, 1985. UCC § 2-607(3)(a) provides that where a buyer has accepted goods, he "must within a...

...for breach of contract, "action for price" under UCC § 2-709 et seq., and for open book account.... The Court assumes that Fabrinet USA refers here to Uniform Commercial Code ("UCC") 2-709. Micatu now moves to dismiss the FAC pursuant...a plausible claim for breach of contract. Micatu's motion to dismiss Fabrinet USA's contract claim is denied. B. Claim 2: Action for Price, UCC § 2-709, et...

...UCC § 2-709. On or about August 17, 2020, issue was joined when Amerimex served an answer containing four counterclaims all of which are predicated upon Island's.... As to the Second Cause of Action asserted pursuant to UCC § 2-709, the Court finds that Island has established entitlement to summary judgment...(Zuckerman v City of New York, supra at 562). UCC § 2-709 (1) (a) provides, in pertinent part, that "[w]hen the buyer fails to pay the price as it...

...("UCC") codifies a seller's action to recover its contract price for goods sold and delivered. UCC 2-709(1)(a) specifically provides: (1) When the buyer fails to.... Falck's performance under purchase order 160 was complete on delivery and, under UCC 2-709, Karay's acceptance of the steel entitles Falck to its price. See UCC 2-709, Annotation ("liability for...the price hinges upon acceptance rather than upon title . . ."); see also UCC 2-709 Official Uniform Comment 1. ("Neither the passing of title to the goods nor the appointment of a day certain...

...this particular buyer." The Official Comment ULA, UCC § 2-709 (1, b) points out: "2. The action for the price is now generally limited to those cases where resale of the goods is impracticable except...appellee. An action for price under § 2-709 (1, b) of the Uniform Commercial Code can be sustained only...entitled to recover on an action for the price under the provision of Code Ann. § 109A-2 — 709 (1), (1, b) (Ga. L. 1962, pp. 156, 228). That section provides: "(1) When the buyer fails to pay the...

...to the whole undelivered balance, the aggrieved seller is entitled to resell and recover damages under UCC 2-706, recover damages for non-acceptance under UCC 2-708, or, in a proper case, recover the price pursuant to UCC 2-709. Here..., defendant has not resold the goods under UCC 2-706 nor does it seek the difference between the market price at the time and place for tender and the unpaid contract price under UCC 2-708. Rather, defendant seeks to recover the balance of the contract price of $135,480. Pursuant to UCC 2-709 (1...]; Creations by Roselynn v Costanza, 189 Misc 2d 600, 601 [App Term, 2d Dept 2001]). UCC 2-709 (2) provides: "Where the seller sues for the...

...elements of damages, N.Y. UCC § 2-719, plaintiff's action for the price may additionally include recovery for "incidental damages" resulting from defendant's breach. N.Y. UCC §§ 2-709, 2-710. However...Consol. Laws, c. 41, which in pertinent part § 2-709 of the UCC replaced, the loss caused by failure to pay for the goods is the amount of the purchase price. Haughey v. Belmont Quadrangle Drilling Corp...$30,927.67. Although such a counterclaim might be maintained in appropriate circumstances under N.Y. Uniform Commercial Code (UCC) § 2-714...

...under AS 45.05.210(a)(1) [UCC § 2-709(1)(a)] and for any incidental damages resulting from the breach under AS 45.05.212 [§ 2-710...he did not comply with the procedures set forth in the Uniform Commercial Code (UCC) regarding sellers' remedies. We agree with appellant's...the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach. Our examination of the UCC reveals no...

...stated, and goods sold and delivered, N.J.S.A 12A:2-709. Without any caselaw support, TRU insists that the aforementioned counts fail as a matter of law because "each . . . is nothing more than a...party's failure to pay for goods or services. N.J.S.A 12A:2-709 is New Jersey's codification of a Uniform Commercial Code remedial provision for aggrieved sellers of goods, which provides that "[w]hen the...§ 2-709, which permits a seller to 'recover, together with any incidental damages . . . the price (a) of goods accepted.'" (citing N.J.S.A 12A:2-709)). Account stated is a theory to...

...UCC 2-706; or (iii) recover damages for nonacceptance pursuant to UCC 2-708, or, in the appropriate case, recover the price set by the contract pursuant to UCC 2-709. Where, as here, the subject of the...contract is a custom-made product allegedly having no resale value, the seller may be entitled to recover the amount owed on the contract. (UCC 2-703, 2-709; see also Safety Cover Specialist v...tabletop ordered in exchange for the price Mr. Nelms agreed to pay. ( See UCC 2-204 ["A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both...