47-2723. Proof of market price: time and place
A. 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 47-2708 or 47-2713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
B. If evidence of a price prevailing at the times or places described in this chapter 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.
C. Evidence of a relevant price prevailing at a time or place other than the one described in this chapter 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.
Section: Previous 47-2716 47-2717 47-2718 47-2719 47-2720 47-2721 47-2722 47-2723 47-2724 47-2725 47-2a101 47-2a102 47-2a103 47-2a104 47-2a105 NextLast modified: October 13, 2016