Sec. 42a-2-723. Proof of market price; time and place.
Sec. 42a-2-723. Proof of market price; time and place. (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 as provided in section 42a-2-708 or 42a-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 time 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.
(1959, P.A. 133, S. 2-723.)
Cited. 171 C. 622.