47-2723. Proof of market price: time and
place
A. 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 47-2708 or 47-2713) shall be determined according to the price of such
goods prevailing at the time when the aggrieved party learned of the repudiation.
B. If evidence of a price prevailing at the times or places described in this
chapter 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.
C. Evidence of a relevant price prevailing at a time or place other than the one
described in this chapter 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.
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