South Dakota Codified Laws 57A-2-704. Seller’s right to identify goods to the contract notwithstanding breach or to salvageunfinished goods
(1) An aggrieved seller under § 57A-2-703 may
(a) Identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;
Terms Used In South Dakota Codified Laws 57A-2-704
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See South Dakota Codified Laws 57A-2-103
(b) Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
Source: SL 1966, ch 150, § 2-704; SDCL, §§ 57-8-6, 57-8-7.