30-2-713. Buyer's damages for nondelivery or repudiation. (1) Subject to the provisions of this chapter with respect to proof of market price (30-2-723), the measure of damages for nondelivery or repudiation by the seller 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 provided in this chapter (30-2-715), but less expenses saved in consequence of the seller's breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
History: En. Sec. 2-713, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-713.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
30-2-701. Remedies for breach of collateral contracts not impaired
30-2-702. Seller's remedies on discovery of buyer's insolvency
30-2-703. Seller's remedies in general
30-2-705. Seller's stoppage of delivery in transit or otherwise
30-2-706. Seller's resale including contract for resale
30-2-707. "Person in the position of a seller"
30-2-708. Seller's damages for nonacceptance or repudiation
30-2-709. Action for the price
30-2-710. Seller's incidental damages
30-2-711. Buyer's remedies in general -- buyer's security interest in rejected goods
30-2-712. "Cover" -- buyer's procurement of substitute goods
30-2-713. Buyer's damages for nondelivery or repudiation
30-2-714. Buyer's damages for breach in regard to accepted goods
30-2-715. Buyer's incidental and consequential damages
30-2-716. Buyer's right to specific performance or recovery of goods
30-2-717. Deduction of damages from the price
30-2-718. Liquidation or limitation of damages -- deposits
30-2-719. Contractual modification or limitation of remedy
30-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach
30-2-722. Who can sue third parties for injury to goods
30-2-723. Proof of market price -- time and place