Code of Alabama
Ala. Code § 7-2-713 (2026)
Buyer’s Damages for Nondelivery or Repudiation.
✓ official Alabama Legislature (ALISON) text, current July 2026
(1) Subject to the provisions of this article with respect to proof of market price (Section 7-2-723), 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 article (Section 7-2-715), 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.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 2
cases, 1981–2014 · leading case: Kirkwood Agri-Trade, a Corp., Cross v. Frosty Land Foods Int'l, Inc., an Alabama Corp., Cross, 650 F.2d 602 (5th Cir. 1981).
Kirkwood Agri-Trade, a Corp., Cross v. Frosty Land Foods Int'l, Inc., an Alabama Corp., Cross, 650 F.2d 602 (5th Cir. 1981). “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 article .”
Century Auto. Grp. v. Structure Designs, LLC, 168 So. 3d 64 (Ala. Civ. App. 2014). “to the whole contract (Section 7-2-612), the buyer may cancel, and whether or not he has done so may, in addition to recovering so much of the price as has been paid: "(a) ‘Cover’ and have damages under Section 7-2-712 as to all the goods affected whether or not they have been…”
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