MARVIN MANDEL, Governor

145

(3) After the buyer has wrongfully rejected or
revoked acceptance of the goods or has failed to make a
payment due or has repudiated (§ 2—610), a seller who is
held not entitled to the price under this section shall
nevertheless be awarded damages for non-acceptance under
the preceding section.

2—710. Seller's incidental damages.

Incidental damages to an aggrieved seller include
any commercially reasonable charges, expenses or
commissions incurred in stopping delivery, in the
transportation, care and custody of goods after the
buyer's breach, in connection with return or resale of
the goods or otherwise resulting from the breach.

2—711. Buyer's remedies in general; buyer's security
interest in rejected goods.

(1) Where the seller fails to make delivery or
repudiates or the buyer rightfully rejects or justifiably
revokes acceptance then with respect to any goods
involved, and with respect to the whole if the breach
goes to the whole contract (§ 2-612), the buyer may
cancel and whether or not he has done so may in addition
to recovering so much of the price as has been paid

(a) "Cover" and have damages under the next
section as to all the goods affected whether or not they
have been identified to the contracts; or

(b) Recover damages for non—delivery as
provided in this [subtitle] TITLE (§ 2-713).

(2) Where the seller fails to deliver or repudiates
the buyer may also

(a)   If the goods have been identified recover
them as provided in this [subtitle] TITLE (§ 2-502); or

(b)    In a proper case obtain specific
performance or replevy the goods as provided in this
[subtitle] TITLE (§ 2-716).

(3) On rightful rejection or justifiable revocation
of acceptance a buyer has a security interest in goods in
his possession or control for any payments made on their
price and any expenses reasonably incurred in their
inspection, receipt, transportation, care and custody and
may hold such goods and resell them in like manner as an
aggrieved seller (§ 2—706).

2—712. "Cover"; buyer's procurement of substitute goods.