Title 11, Chapter 2, Section 723
( 11-2-723)
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 (Code Section 11-2-708 or Code Section 11-2-713) 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 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. (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. |