West Virginia Code § 46-2-709

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. u
(2) Where the seller sues for the price he or she must hold for the buyer any goods which
have been identified to the contract and are still in his or her control except that if resale
becomes possible he or she may resell them at any timae 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 or her to any goods not rlesold.
(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed
to make a payment due or has repudiated i(section 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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