400.2-723. Proof of market price--time and place. - Missouri Statutes

Proof of market price--time and place.

400.2-723. (1) If an action based on anticipatoryrepudiation comes to trial before the time for performance withrespect to some or all of the goods, any damages based on marketprice (section 400.2-708 or section 400.2-713) shall bedetermined according to the price of such goods prevailing at thetime when the aggrieved party learned of the repudiation.

(2) If evidence of a price prevailing at the times or placesdescribed in this article is not readily available the priceprevailing within any reasonable time before or after the timedescribed or at any other place which in commercial judgment orunder usage of trade would serve as a reasonable substitute forthe one described may be used, making any proper allowance forthe cost of transporting the goods to or from such other place.

(3) Evidence of a relevant price prevailing at a time orplace other than the one described in this article offered by oneparty is not admissible unless and until he has given the otherparty such notice as the court finds sufficient to prevent unfairsurprise.

(L. 1963 p. 503 § 2-723)