Ohio Code § 1302.85

Ohio Code § 1302.85. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1302.85.

(A) 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, as provided in section 1302.70 of the Revised Code , 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) “cover” and have damages under section 1302.86 of the Revised Code as to all the goods affected whether or not they have been identified to the contract;

 or (2) recover damages for non-delivery as provided in section 1302.87 of the Revised Code . (B) Where the seller fails to deliver or repudiates the buyer may also: (1) if the goods have been identified recover them as provided in section 1302.46 of the Revised Code ;  or (2) in a proper case obtain specific performance or replevy the goods as provided in section 1302.90 of the Revised Code . (C) On rightful rejection or justifiable revocation of acceptance a 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 as provided in section 1302.80 of the Revised Code .

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1302.85
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

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Common questions

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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

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