Purpose of section.

- O.C.G.A. § 11-2-708 was intended to provide an adequate remedy for the "lost volume dealer" or "lost volume seller," which refers to a seller who, due to the nature of its business, is damaged by a buyer's breach to the extent that it loses the entire profit from the sale. Unique Designs, Inc. v. Pittard Mach. Co., 200 Ga. App. 647, 409 S.E.2d 241, cert. denied, 200 Ga. App. 897, 409 S.E.2d 241 (1991).

Arithmetical accuracy in determining damages not required.

- The evidence clearly established a breach of an agreement to buy/sell electronic circuit boards and a resulting right to damages even though the amount of damages was arrived at by use of a complex and confusing mathematical methodology which did not produce exact arithmetical accuracy. Franklin v. Demico, Inc., 179 Ga. App. 775, 347 S.E.2d 718 (1986).

Proof required to establish "lost volume dealer."

- In order for seller to establish that seller is a "lost volume dealer," seller must prove that even though the repudiated contract goods were later resold by the seller, the sale to the third party would have been made regardless of the buyer's breach so that the seller would have realized two profits from two sales. Unique Designs, Inc. v. Pittard Mach. Co., 200 Ga. App. 647, 409 S.E.2d 241, cert. denied, 200 Ga. App. 897, 409 S.E.2d 241 (1991).

Cited in Tennessee-Virginia Constr. Co. v. Willingham, 117 Ga. App. 290, 160 S.E.2d 444 (1968).

Am. Jur. 2d.

- 22 Am. Jur. 2d, Damages, §§ 509, 642-647. 67A Am. Jur. 2d, Sales, §§ 1109-1134.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:690.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-708.

ALR.

- Time as of which damages are to be determined where broker, before expiration of credit period, repudiates contract to purchase stock for customer on partial payment plan, 31 A.L.R. 1179.

Rights and remedies upon cancelation of sales agency, 32 A.L.R. 209; 52 A.L.R. 546; 89 A.L.R. 252.

Valuation clause in carrier's contract as limit, or as ratio, of recovery in case of partial loss, 41 A.L.R. 450.

Measure of damages for buyer's breach of contract to purchase article of dealer, 44 A.L.R. 349; 24 A.L.R.2d 1008.

Measure of damages for buyer's repudiation of or failure to accept goods under executory contract, 44 A.L.R. 215; 108 A.L.R. 1482.

Rate of exchange to be taken into account in assessing damages for breach of contract or nonpayment of money obligation payable in foreign currency, 105 A.L.R. 640.

Measure of damages for buyer's breach of contract to purchase article from dealer or manufacturer's agent, 24 A.L.R.2d 1008.

Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.