Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
Wis. Stat. § 402.704
in effect(1) An aggrieved seller under s. 402.703 may:
(a) Identify to the contract conforming goods not already identified if at the time the aggrieved seller learned of the breach those goods are in the aggrieved 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) 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: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/document/statutes/402.704Fetched: 10/7/2026