§ 34.1-2-723 — Proof of market price: Time and place

Wyoming § 34.1-2-723

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 2: SALES

Text

(a) 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
34.1-2-708 or section 34.1-2-713) shall be determined according
to the price of such goods prevailing at the time when the
aggrieved party learned of the repudiation.
(b) 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.
(c) Evidence of a relevant price prevailing at a time or
place other than the one described in this article offered by
one (1) party is not admissible unless and until he has given
the other party such notice as the court finds sufficient to
prevent unfair surprise.