§ 4-2-713 — Buyer's damages for nondelivery or repudiation

(1) Subject to the
provisions of this article with respect to proof of market price (section 4-2-723), 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 article (section 4-2-715), 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.

Legislative History

Source: L. 65: p. 1340, � 1. C.R.S. 1963: � 155-2-713.