28-2-723. 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 (section 28-2-708 or section 28-2-713) 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 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.
(3) 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.
History:
[28-2-723, added 1967, ch. 161, sec. 2-723, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Section 28-2-701 - REMEDIES FOR BREACH OF COLLATERAL CONTRACTS NOT IMPAIRED.
Section 28-2-702 - SELLER’S REMEDIES ON DISCOVERY OF BUYER’S INSOLVENCY.
Section 28-2-703 - SELLER’S REMEDIES IN GENERAL.
Section 28-2-705 - SELLER’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.
Section 28-2-706 - SELLER’S RESALE INCLUDING CONTRACT FOR RESALE.
Section 28-2-707 - “PERSON IN THE POSITION OF A SELLER.”
Section 28-2-708 - SELLER’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION.
Section 28-2-709 - ACTION FOR THE PRICE.
Section 28-2-710 - SELLER’S INCIDENTAL DAMAGES.
Section 28-2-711 - BUYER’S REMEDIES IN GENERAL — BUYER’S SECURITY INTEREST IN REJECTED GOODS.
Section 28-2-712 - “COVER” — BUYER’S PROCUREMENT OF SUBSTITUTE GOODS.
Section 28-2-713 - BUYER’S DAMAGES FOR NONDELIVERY OR REPUDIATION.
Section 28-2-714 - BUYER’S DAMAGES FOR BREACH IN REGARD TO ACCEPTED GOODS.
Section 28-2-715 - BUYER’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
Section 28-2-716 - BUYER’S RIGHT TO SPECIFIC PERFORMANCE OR CLAIM AND DELIVERY.
Section 28-2-717 - DEDUCTION OF DAMAGES FROM THE PRICE.
Section 28-2-718 - LIQUIDATION OR LIMITATION OF DAMAGES — DEPOSITS.
Section 28-2-719 - CONTRACTUAL MODIFICATION OR LIMITATION OF REMEDY.
Section 28-2-720 - EFFECT OF “CANCELLATION” OR “RESCISSION” ON CLAIMS FOR ANTECEDENT BREACH.
Section 28-2-721 - REMEDIES FOR FRAUD.
Section 28-2-722 - WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS.
Section 28-2-723 - PROOF OF MARKET PRICE — TIME AND PLACE.
Section 28-2-724 - ADMISSIBILITY OF MARKET QUOTATIONS.
Section 28-2-725 - STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.