This section is from the book "American Commercial Law Series ", by Alfred W. Bays. Also available from Amazon: American commercial law series.
A. Where Goods Have Not Been Delivered to Buyer.
(a) Where title has not passed:
(1) Right to damages; (2) Right to specific performance in certain cases.
(b) Where title has passed:
(1) Right to obtain goods themselves;
(2) Right to sue for damages.
B. Where Goods Are Delivered or Tendered to Buyer.
(a) Right to refuse acceptance for breach of warranty, late delivery or other breach of contract;
(b) Right to reject after trial;
(c) Right to accept and sue for breach of warranty;
(d) Right to accept and sue for tardy delivery.
In this enumeration of rights and remedies of the buyer it is of course assumed that the seller is in default.
 
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