§ 34.1-2-708 — Seller's damages for nonacceptance or repudiation

(a) Subject to subsection (b) and to the provisions of
this article with respect to proof of market price (section
34.1-2-723), 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
article (section 34.1-2-710), but less expenses saved in
consequence of the buyer's breach.
(b) If the measure of damages provided in subsection (a)
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 article (section
34.1-2-710), due allowance for costs reasonably incurred and due
credit for payments or proceeds of resale.