2011 Connecticut Code
Title 42a Uniform Commercial Code
Article 2 Sales
Sec. 42a-2-708. Seller's damages for nonacceptance or repudiation.

      Sec. 42a-2-708. Seller's damages for nonacceptance or repudiation. (1) Subject to subsection (2) and to the provisions of section 42a-2-723 with respect to proof of market price, 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 section 42a-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 section 42a-2-710, due allowance for cost reasonably incurred and due credit for payments or proceeds of resale.

      (1959, P.A. 133, S. 2-708.)

      Cited. 183 C. 266.

      Award of damages constituting gross profit or markup on contract held to be sustained by finding of facto where net profit percentage of yearly operations would be inadequate to put seller in as good a position as performance of the contract would have done. 4 Conn. Cir. Ct. 333-338. Expenses of installation saved by seller of kitchen equipment because of defendant's breach of contract are not allowable deductions where recovery is allowed in an action for the contract price under section 42a-2-709. 5 Conn. Cir. Ct. 444.