§490:2-723  Proof of market price; time and
place.  (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 490:2-708 or section 490:2-713) 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. [L 1965, c
208, §2-723; HRS §490:2-723]