(810 ILCS 5/2-708) (from Ch. 26, par. 2-708)
Sec. 2-708.
Seller's damages for non-acceptance 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 non-acceptance 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.
(Source: Laws 1961, 1st SS., p. 7.)
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