Nebraska Uniform Commercial Code 2-723
- Uniform Commercial Code
Proof of market price; time and place.
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (section 2-708 or section 2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.
- Laws 1963, c. 544, Art. II, § 2-723, p. 1766.
The measure of damages for nondelivery of goods or repudiation by the seller of the contract for sale is the difference between the market price at the time when the buyer learned of the breach and the contract price, together with any incidental and consequential damages as provided in 2-715, U.C.C., but less expenses saved in consequence of the seller's breach. Carlson v. Nelson, 204 Neb. 765, 285 N.W.2d 505 (1979).
Measure of damages for nondelivery or repudiation by seller is the difference between market price and contract price at the place of tender at the time the buyer learns of the breach. Burgess v. Curly Olney's, Inc., 198 Neb. 153, 251 N.W.2d 888 (1977).