§ 26-1-2-708 — Seller's damages for nonacceptance or repudiation

(1) Subject to subsection (2) and to the
provisions of IC 26-1-2-723 with respect to proof of market price, the
measure of damages for nonacceptance or repudiation by the buyer is
the difference between the market price at the time and place for tender
and the unpaid contract price together with any incidental damages
provided in IC 26-1-2-710, but less expenses saved in consequence of
the buyer's breach.
(2) If the measure of damages provided in subsection (1) is
inadequate to put the seller in as good a position as performance would
have done, then the measure of damages is the profit (including
reasonable overhead) which the seller would have made from full
performance by the buyer, together with any incidental damages
provided in IC 26-1-2-710, due allowance for costs reasonably incurred
and due credit for payments or proceeds of resale.
Formerly: Acts 1963, c.317, s.2-708. As amended by
P.L.152-1986, SEC.167.