Section 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 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 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 2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.Okla. Stat. tit. 12A, § 2-708
Laws 1961, p. 98, § 2-708.Oklahoma Code Comment
Prior Statutory Provisions:
23 O.S. § 91.
Text and derivation of prior provisions, see Appendix at end of this title.
Comment:
(1) The seller is not required to resell under Section 2-706 . Even though he elects to resell he may still claim damages under this Section. Previous Oklahoma law is in accord with the proposition that a vendor is not required to resell to fix damages. Guthrie Mill & Elevator Co. v. Thompson & Gibson, 89 Okl. 173, 214 P. 7I6 (1923); O'Dell v. Nelson & Meyers, 182 Okl. 563, 79 P.2d 212 (1938). Previous Oklahoma law is in accord with the measure of damages. See 23 O.S. § 91, now repealed.
(2) This is new. There are no comparable previous Oklahoma statutes or cases.