FMI, INC. v. RMax, Inc.

Gardner, Judge:

This case involves a type action novel to this State but addressed by our Commercial Codes. It is a contract action under § 36-2-709, Code of Laws of South Carolina (1976). The jury returned a verdict for the plaintiff, FMI, Inc., (the seller). We affirm.

In pertinent part § 36-2-709 is as follows:

§ 36-2-709. 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 the next section (§ 36-2-710), the price(b) of goods identified to the contract if the seller is unable after reasonable…