Nebraska Uniform Commercial Code 2-708
- Uniform Commercial Code
Seller's damages for nonacceptance or repudiation.
(1) Subject to subsection (2) and to the provisions of this article with respect to proof of market price (section 2-723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this article (section 2-710), but less expenses saved in consequence of the buyer's breach.
(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this article (section 2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
- Laws 1963, c. 544, Art. II, § 2-708, p. 1759.
Where seller salvages returned goods which are not resalable, measure of damages controlled by this section and is recovery of lost profits plus expense or cost incurred in salvaging. Chicago Roller Skate Mfg. Co. v. Sokol Manuf. Co., 185 Neb. 515, 177 N.W.2d 25 (1970).
Under statute of frauds as embodied in U.C.C., buyer by making a part payment and seller by accepting that part payment, make an enforceable contract only as to that portion of goods that could have been purchased by that part payment. In re Augustin Bros. Co., 460 F.2d 376 (8th Cir. 1972).
Damages recoverable from wrongfully canceling buyer included contract price for cassettes less amount received on resale of cassettes, plus profit if contract had been completed, less amount paid on contract. Holiday Manuf. Co. v. B.A.S.F. Systems, Inc., 380 F.Supp. 1096 (D. Neb. 1974).