Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
336.2-723 PROOF OF MARKET PRICE; TIME AND PLACE.
(1) If an action based on anticipatory repudiation comes to trial before the time for
performance with respect to some or all of the goods, any damages based on market price
(section 336.2-708 or section 336.2-713) shall be determined according to the price of such goods
prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this article is not
readily available the price prevailing within any reasonable time before or after the time described
or at any other place which in commercial judgment or under usage of trade would serve as a
reasonable substitute for the one described may be used, making any proper allowance for the
cost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one described in
this article offered by one party is not admissible unless and until that party has given the other
party such notice as the court finds sufficient to prevent unfair surprise.
History: 1965 c 811 s 336.2-723; 1986 c 444
(1) If an action based on anticipatory repudiation comes to trial before the time for
performance with respect to some or all of the goods, any damages based on market price
(section 336.2-708 or section 336.2-713) shall be determined according to the price of such goods
prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this article is not
readily available the price prevailing within any reasonable time before or after the time described
or at any other place which in commercial judgment or under usage of trade would serve as a
reasonable substitute for the one described may be used, making any proper allowance for the
cost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one described in
this article offered by one party is not admissible unless and until that party has given the other
party such notice as the court finds sufficient to prevent unfair surprise.
History: 1965 c 811 s 336.2-723; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes