If 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 41-02-75), 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 hereafter provided (section 41-02-84). 3. Proceed under the next section respecting goods still unidentified to the contract. 4. Resell and recover damages as hereinafter provided (section 41-02-85). 5. Recover damages for nonacceptance (section 41-02-87) or in a proper case the price (section 41-02-88). 6. Cancel.
41-02-83. (2-704) Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. 1. An aggrieved seller under section 41-02-82 may: a. Identify to the contract conforming goods not already identified if at the time the seller learned of the breach they are in the seller's possession or control. b. Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished. 2. If 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.