1. (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (Section 12A-2-612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid

   1. (a) "cover" and have damages under the next section as to all the goods affected whether or not they have been identified to the contract ; or
   2. (b) recover damages for nondelivery as provided in this article (Section 12A-2-713).

2. (2) Where the

   1. (a) if the goods have been identified recover them as provided in this article (Section 12A-2-502 ); or
   2. (b) in a proper case obtain specific performance or replevy the goods as provided in this article (Section 12A-2-716).

   seller fails to deliver or repudiates the buyer may also

3. (3) On rightful rejection or justifiable revocation of

   acceptance of buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (Section 12A-2-706 ).

   Oklahoma Code Comment

   Prior Statutory Provisions.

   Previous Oklahoma statutes setting out the

   buyer's remedies, repealed by the Commercial Code, include 23 O.S. §§ 29, 30, 33, 34, 35. The text of these repealed sections is set out in an Appendix at the end of this title.

   Comment:

   This section merely lists the

   buyer's remedies which are specified in more detail in other sections. Note particularly that a buyer who has paid all or part of the purchase price and who rightfully rejects goods has a security interest therein, and he may sell the goods in satisfaction of his interest in the same manner as an aggrieved seller under Section 2-706 .

Laws 1961, SB 36, p. 98, §