§ 25-2-723. Proof of market price; time and place.
§25‑2‑723. Proof of market price; time and place.
(1) If an action basedon anticipatory repudiation comes to trial before the time for performance withrespect to some or all of the goods, any damages based on market price (G.S. 25‑2‑708or G.S. 25‑2‑713) shall be determined according to the price ofsuch goods prevailing at the time when the aggrieved party learned of therepudiation.
(2) If evidence of aprice prevailing at the times or places described in this article is notreadily available the price prevailing within any reasonable time before orafter the time described or at any other place which in commercial judgment orunder usage of trade would serve as a reasonable substitute for the onedescribed may be used, making any proper allowance for the cost of transportingthe goods to or from such other place.
(3) Evidence of arelevant price prevailing at a time or place other than the one described inthis article offered by one party is not admissible unless and until he hasgiven the other party such notice as the court finds sufficient to preventunfair surprise. (1965, c. 700, s. 1; 1967, c. 562, s. 1.)