1. Subject to subsection 2 and to the provisions of this Article with respect to proof of market price (section 554.2723), the measure of damages for nonacceptance 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 554.2710), 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 554.2710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale. [C24, 27, 31, 35, 39, §9993; C46, 50, 54, 58, 62, §554.65; C66, 71, 73, 75, 77, 79, 81, §554.2708] Referred to in §554.2703, 554.2709, 554.2723\n\nTue Dec 09 22:02:40 2025 Iowa Code 2026, Chapter 554 (108, 4) 51 UNIFORM COMMERCIAL CODE, §554.2712 \n
Notes of Decisions
Purina Mills, L.L.C. v. Less, 295 F. Supp. 2d 1017 (N.D. Iowa 2003).
· cites it 47× “Iowa Code § 554.2708 (emphasis added). Purina claims that as an aggrieved seller it is entitled to select any remedy available under the UCC, and that section 554.”
Data Documents, Inc. v. Pottawattamie Cnty., 604 N.W.2d 611 (Iowa 2000).
· cites it 18× “The court also found that Data had presented no evidence regarding the market price for goods, expenses saved due to defendant’s breach, or profits, and thus Data was not, alternatively, entitled to recover damages under Iowa Code section 554.2708. Plaintiff Data appeals the…”
Scallon v. U.S. Ag Ctr., Inc., 42 F. Supp. 2d 867 (N.D. Iowa 1999).
· cites it 2× “The Elevator argues that neither the “chance to win” nor the “nominal” damages theory is authorized under Iowa Code § 554.2708 , which controls the Producers’ breach-of-contract claim, and that in any event, the “chance to win” theory is contrary to the Producers’ expert’s…”
— Iowa Code § 554.2708(1) — 1 case
Purina Mills, L.L.C. v. Less, 295 F. Supp. 2d 1017 (N.D. Iowa 2003).
“Iowa Code § 554.2708 (emphasis added). Purina claims that as an aggrieved seller it is entitled to select any remedy available under the UCC, and that section 554.”
— Iowa Code § 554.2708(2) — 1 case
Purina Mills, L.L.C. v. Less, 295 F. Supp. 2d 1017 (N.D. Iowa 2003).
“Iowa Code § 554.2708 (emphasis added). Purina claims that as an aggrieved seller it is entitled to select any remedy available under the UCC, and that section 554.”
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