S.D. Codified Laws § 57A-2-713

Buyer's damages for nondelivery or repudiation

Known as the Uniform Commercial Code

The act spans §§ 57A-1-101 to 57A-9-809 (574 sections).

Applied in 1 court decision — leading case Laber v. Koch (1986)

Most recently applied in Laber v. Koch (March 1986)

Source: SL 1966, ch 150, § 2-713; SDCL, §§ 57-8-34, 57-8-35.

(1) Subject to the provisions of this chapter with respect to proof of market price (§ 57A-2-723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this chapter (§ 57A-2-715), but less expenses saved in consequence of the seller's breach.

(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.