§ 41-02-87 — (2-708) Seller's damages for nonacceptance or repudiation

1. Subject to subsection 2 and to the provisions of this chapter with respect to proof of
market price (section 41-02-102), 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 this chapter (section 41-02-89), 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 this
chapter (section 41-02-89), due allowance for costs reasonably incurred and due
credit for payments or proceeds of resale.