2-712.
Cover; buyer's procurement of substitute goods.
(1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (section 2-715), but less expenses saved in consequence of the seller's breach.
(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.
Source:Laws 1963, c. 544, Art. II, ยง 2-712, p. 1761.
Annotations
Where seller fails to deliver, buyer may cancel, recover payments made, and "cover" and have damages for purchase of substitute goods. Farmer's Union Co-op Co. of Mead v. Flamme Brothers, 196 Neb. 699, 245 N.W.2d 464 (1976).
Consequential damages from seller's breach include any loss resulting from general or particular requirements or needs of which seller had reason to know at time of contracting, and which could not reasonably be prevented by cover or otherwise. National Farmers Organization, Inc. v. McCook Feed & Supply Co., 196 Neb. 424, 243 N.W.2d 335 (1976).