2017 ORS 72.7030¹
Seller’s remedies in general

Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract as provided in ORS 72.6120 (“Installment contract”), then also with respect to the whole undelivered balance, the aggrieved seller may:

(1) Withhold delivery of such goods.

(2) Stop delivery by any bailee as provided in ORS 72.7050 (Seller’s stoppage of delivery in transit or otherwise).

(3) Proceed under ORS 72.7040 (Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods) respecting goods still unidentified to the contract.

(4) Resell and recover damages as provided in ORS 72.7060 (Seller’s resale including contract for resale).

(5) Recover damages for nonacceptance as provided in ORS 72.7080 (Seller’s damages for nonacceptance or repudiation) or in a proper case the price as provided in ORS 72.7090 (Action for the price).

(6) Cancel. [1961 c.726 §72.7030 (Seller’s remedies in general)]

Notes of Decisions

Where buyer failed to purchase goods from seller and breached sales contract, seller can recover market price damages even if market price damages exceed resale price damages. Peace River Seed Co-Op v. Proseeds Marketing, 355 Or 44, 322 P3d 531 (2014)

Chapter 72

Law Review Cita­tions

53 OLR 468-473 (1974); 58 OLR 545 (1980)

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors072.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano072.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.