144

LAWS OF MARYLAND

[Ch. 49

interest or other right in goods similar to that of a
seller.

(2) A person   in the position of a seller may as

provided in this (subtitle] TITLE withhold or stop

delivery (§ 2—705)      and resell (§ 2—706) and recover

incidental damages (§ 2—710).

2—708. Seller's damages for non-acceptance or
repudiation.

(1)   Subject to subsection (2) and to the provisions
of this [subtitle] TITLE with respect to proof of market
price (§ 2—723), the measure of damages for
non-acceptance or repudiation by the buyer is the
difference between the market price at the time and place
for tender and the unpaid contract price together with
any incidental damages provided in this [subtitle] TITLE
(§ 2—710), but less expenses saved in consequence of the
buyer's breach.

(2)    If the measure of damages provided in
subsection (1) is inadequate to put the seller in as good
a position as performance would have done then the
measure of damages is the profit (including reasonable
overhead) which the seller would have made from full
performance by the buyer, together with any incidental
damages provided in this [subtitle] TITLE (§ 2—710), due
allowance for costs reasonably incurred and due credit
for payments or proceeds of resale.

2—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 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.