400.2-708. Seller's damages for nonacceptance or repudiation. - Missouri Statutes

Seller's damages for nonacceptance or repudiation.

400.2-708. (1) Subject to subsection (2) and to theprovisions of this article with respect to proof of market price(section 400.2-723), the measure of damages for nonacceptance orrepudiation by the buyer is the difference between the marketprice at the time and place for tender and the unpaid contractprice together with any incidental damages provided in thisarticle (section 400.2-710), but less expenses saved inconsequence of the buyer's breach.

(2) If the measure of damages provided in subsection (1) isinadequate to put the seller in as good a position as performancewould have done then the measure of damages is the profit(including reasonable overhead) which the seller would have madefrom full performance by the buyer, together with any incidentaldamages provided in this article (section 400.2-710), dueallowance for costs reasonably incurred and due credit forpayments or proceeds of resale.

(L. 1963 p. 503 § 2-708)