[Previous] [Next]

§12A-2-723.


§12A-2-723.
   
   (1) If an action based on anticipatory repudiation comes to trial
   before the time for performance with respect to some or all of the
   goods, any damages based on market price (Section 2-708 or Section
   2-713) shall be determined according to the price of such goods
   prevailing at the time when the aggrieved party learned of the
   repudiation.
   
   (2) If evidence of a price prevailing at the times or places described
   in this article is not readily available the price prevailing within
   any reasonable time before or after the time described or at any other
   place which in commercial judgment or under usage of trade would serve
   as a reasonable substitute for the one described may be used, making
   any proper allowance for the cost of transporting the goods to or from
   such other place.
   
   (3) Evidence of a relevant price prevailing at a time or place other
   than the one described in this article offered by one party is not
   admissible unless and until he has given the other party such notice
   as the court finds sufficient to prevent unfair surprise.  

[Previous] [Next]