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 (Section 2-612 [55-2-612 N.M. Stat. Ann.]), then also with respect to the whole undelivered balance, the aggrieved seller may:

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Terms Used In New Mexico Statutes 55-2-703

  • buyer: means a person who buys or contracts to buy goods. See New Mexico Statutes 55-2-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • seller: means a person who sells or contracts to sell goods. See New Mexico Statutes 55-2-103

(a) withhold delivery of such goods;

(b) stop delivery by any bailee as hereafter provided (Section 2-705 [55-2-705 N.M. Stat. Ann.]);

(c) proceed under the next section [55-2-704 N.M. Stat. Ann.] respecting goods still unidentified to the contract;

(d) resell and recover damages as hereafter provided (Section 2-706 [55-2-706 N.M. Stat. Ann.]);

(e) recover damages for nonacceptance (Section 2-708 [55-2-708 N.M. Stat. Ann.]) or in a proper case the price (Section 2-709 [55-2-709 N.M. Stat. Ann.]);

(f) cancel.