Sec. 42a-2-713. Buyer's damages for nondelivery or repudiation.
Sec. 42a-2-713. Buyer's damages for nondelivery or repudiation. (1) Subject
to the provisions of section 42a-2-723 with respect to proof of market price, the measure
of damages for nondelivery or repudiation by the seller is the difference between the
market price at the time when the buyer learned of the breach and the contract price
together with any incidental and consequential damages provided in section 42a-2-715,
but less expenses saved in consequence of the seller's breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection
after arrival or revocation of acceptance, as of the place of arrival.
(1959, P.A. 133, S. 2-713.)
Annotations to former statute (1958 Rev., S. 42-67):
Measure of damages. 67 C. 473; 74 C. 541; 78 C. 9; 79 C. 104; 85 C. 613; 93 C. 124; 97 C. 117; Id., 450; 98 C. 563;
111 C. 714; 112 C. 394. Measure of damages different where contract is for more than mere sale of goods. 114 C. 192.
Annotations to present section:
Cited. 171 C. 622.
Cited. 33 CA 575.