Utah Code § 70A-2-709

Action for the price
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(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with
any incidental damages under the next section, the price
(a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable
time after risk of their loss has passed to the buyer; and
(b) of goods identified to the contract if the seller is unable after reasonable effort to resell
them at a reasonable price or the circumstances reasonably indicate that such effort will be
unavailing.
(2) Where the seller sues for the price he must hold for the buyer any goods which have been
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.
(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to
make a payment due or has repudiated (Section 70A-2-610), a seller who is held not entitled to
the price under this section shall nevertheless be awarded damages for nonacceptance under
the preceding section.

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