554.2708 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 554.2723), the measure of damages for nonacceptance or repudiationby the buyer is the difference between the market price at the time and place for tenderand the unpaid contract price together with any incidental damages provided in this Article(section 554.2710), 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 bythe buyer, together with any incidental damages provided in this Article (section 554.2710),due allowance for costs reasonably incurred and due credit for payments or proceeds ofresale. [C24, 27, 31, 35, 39, §9993; C46, 50, 54, 58, 62, §554.65; C66, 71, 73, 75, 77, 79, 81, §554.2708]Referred to in §554.2703, 554.2709, 554.2723 Sat Dec 23 01:52:11 2023 Iowa Code 2024, Section 554.2708 (24, 0)
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