KRS 355.2-709: 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 KRS 355.2-710, the price

(a) of goods accepted or of conforming goods lost or damaged within a

commercially reasonable time after ris k 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.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has

failed to make a payment due or has repudi ated (KRS 355.2 -610), a seller who is

held not entitled to the price under this section shall nevertheless be awarded

damages for nonacceptance under the preceding section.