Iowa Code

Iowa Code § 554.2723 (2026)

Proof of market price — time and place

✓ current as of July 2026
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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 554.2708 or 554.2713) 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. [C66, 71, 73, 75, 77, 79, 81, §554.2723] Referred to in §554.2708, 554.2713 \n

Notes of Decisions
Cited in 4 cases, 1978–2018 · leading case: Purina Mills, L.L.C. v. Less, 295 F. Supp. 2d 1017 (N.D. Iowa 2003).
Purina Mills, L.L.C. v. Less, 295 F. Supp. 2d 1017 (N.D. Iowa 2003). · cites it 10× “” Iowa Code § 554.2723 (1). Therefore, since Purina learned of the repudiation on August 21, 2002, the market price on August 16, 2002 ($18.”
Carson v. Mulnix, 263 N.W.2d 701 (Iowa 1978). · cites it 4× “Subject to the provisions of this Article with respect to proof of market price (section 554.2723), 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…”
Data Documents, Inc. v. Pottawattamie Cnty., 604 N.W.2d 611 (Iowa 2000). · cites it 2× “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…”
Rexing Quality Eggs v. Rembrandt Enter., Inc., 360 F. Supp. 3d 817 (S.D. Ind. 2018). “" Iowa Code § 554.2723 (1). But Rembrandt fails to establish the market rate as a matter of law.”
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