If the seller has justifiably withheld delivery of the goods because of the buyer's breach,the buyer may recover any money or goods he has delivered to the seller over and above the agreed amount of liquidated damages.

Justifiably Withheld

A legal or logical reason to retain, not disclose, or postpone something such as information or payment.

Liquidated Damages

A predetermined amount of money that must be paid as compensation if one party breaches a contract, agreed upon by all parties involved.