Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
336.2-708 SELLER'S DAMAGES FOR NONACCEPTANCE OR REPUDIATION.
(1) Subject to subsection (2) and to the provisions of this article with respect to proof of
market price (section 336.2-723), 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 336.2-710),
but less expenses saved in consequence of the buyer's breach.
(2) If the measure of damages provided in subsection (1) 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 336.2-710), due
allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
History: 1965 c 811 s 336.2-708
(1) Subject to subsection (2) and to the provisions of this article with respect to proof of
market price (section 336.2-723), 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 336.2-710),
but less expenses saved in consequence of the buyer's breach.
(2) If the measure of damages provided in subsection (1) 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 336.2-710), due
allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
History: 1965 c 811 s 336.2-708
Official Publication of the State of Minnesota
Revisor of Statutes