§ 62A.2-723. 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 (RCW 62A.2-708 or RCW 62A.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.
[1965 ex.s. c 157 § 2-723.]
Sections: Previous 62A.2-711 62A.2-712 62A.2-713 62A.2-714 62A.2-715 62A.2-716 62A.2-717 62A.2-718 62A.2-719 62A.2-720 62A.2-721 62A.2-722 62A.2-723 62A.2-724 62A.2-725 NextLast modified: April 7, 2009