§ 25-2-708. Seller's damages for nonacceptance or repudiation. - North Carolina Statutes

§25‑2‑708.  Seller's damages for nonacceptance or repudiation.

(1)        Subject tosubsection (2) and to the provisions of this article with respect to proof ofmarket price (G.S. 25‑2‑723), the measure of damages fornonacceptance or repudiation by the buyer is the difference between the marketprice at the time and place for tender and the unpaid contract price togetherwith any incidental damages provided in this article (G.S. 25‑2‑710),but less expenses saved in consequence of the buyer's breach.

(2)        If the measure ofdamages provided in subsection (1) is inadequate to put the seller in as good aposition as performance would have done then the measure of damages is theprofit (including reasonable overhead) which the seller would have made fromfull performance by the buyer, together with any incidental damages provided inthis article (G.S. 25‑2‑710), due allowance for costs reasonablyincurred and due credit for payments or proceeds of resale. (1965,c. 700, s. 1.)