§ 4-2-723 — Proof of market price - time and place

Colorado § 4-2-723

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Sales

Text

(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 4-2-708 or section 4-2-713) 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.

Legislative History

Source: L. 65: p. 1343, � 1. C.R.S. 1963: � 155-2-723.