Title 11, Chapter 2, Section 709
Action for the price.
(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under Code Section 11-2-710, 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
(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 (Code Section 11-2-610), a seller who is held not entitled to the price under this Code section shall nevertheless be awarded damages for nonacceptance under Code Section 11-2-708.