47-2708. Seller's damages for non-acceptance
or repudiation
A. Subject to subsection B of this section and to the provisions of this chapter
with respect to proof of market price (section 47-2723), the measure of damages for
non-acceptance or repudiation by the buyer is the difference between the market price at
the time and place for tender and the unpaid contract price together with any incidental
damages provided in this chapter (section 47-2710), but less expenses saved in
consequence of the buyer's breach.
B. If the measure of damages provided in subsection A of this section is inadequate
to put the seller in as good a position as performance would have done then the measure
of damages is the profit (including reasonable overhead) which the seller would have made
from full performance by the buyer, together with any incidental damages provided in this
chapter (section 47-2710), due allowance for costs reasonably incurred and due credit for
payments or proceeds of resale.
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