Mississippi Code
Miss. Code Ann. § 75-2-708 (2026)
Seller's damages for nonacceptance or repudiation
✓ current as of July 2026
- (1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (Section 2-723) [Section 75-2-723], 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 chapter (Section 2-710) [Section 75-2-710], 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 chapter (Section 2-710) [Section 75-2-710], due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
Codes, 1942, § 41A:2-708; Laws, 1966, ch. 316, § 2-708, eff. 3/31/1968.
Notes of Decisions
Cited in 6
cases, 1975–2014 · leading case: GB\ Boots\" Smith Corp. v. Cobb", 860 So. 2d 774 (Miss. 2003).
GB\ Boots\" Smith Corp. v. Cobb", 860 So. 2d 774 (Miss. 2003). “The appropriate measure of damages is found in Miss.Code Ann. § 75-2-708 (Rev. 2002), "Seller's damages for nonacceptance of goods or repudiation of the sales contract.”
Huffman Towing, Inc. v. Mainstream Shipyard & Supply, Inc., 388 F. Supp. 1362 (N.D. Miss. 1975). “Miss.Code Ann. § 75-2-708(2) (1972). We have no difficulty in holding that Huffman properly excluded overhead expenses in its computation of lost profits.”
Richard Garziano, Sr. v. Louisiana Log Home, 569 F. App'x 292 (5th Cir. 2014). “at 778-79 (quoting Miss.Code Ann. § 75-2-708). . Gunn v. Heggins, 964 So.”
G.B. \Boots\" Smith Corp. v. Cobb", 911 So. 2d 421 (2005). “The appropriate measure of damages is found in Miss.Code Ann. § 75-2-708 (Rev.2002), “Seller’s damages for nonacceptance of goods or repudiation of the sales contract.”
G. B. \Boots\" Smith Corp. v. Henry R. Cobb (2004). “The appropriate measure of damages is found in Miss.Code Ann. § 75-2-708 (Rev.2002), "Seller's damages for nonacceptance of goods or repudiation of the sales contract.”
G. B. \Boots\" Smith Corp. v. Henry R. Cobb (2002). “" The Chancellor awarded the Cobbs the profits they would have received had Smith fully performed under the contract, which is in accord with Miss. Code Ann. § 75-2-708 (2). (Rev. 2002).”
— Miss. Code Ann. § 75-2-708(2) — 2 cases
GB\ Boots\" Smith Corp. v. Cobb", 860 So. 2d 774 (Miss. 2003). “The appropriate measure of damages is found in Miss.Code Ann. § 75-2-708 (Rev. 2002), "Seller's damages for nonacceptance of goods or repudiation of the sales contract.”
Huffman Towing, Inc. v. Mainstream Shipyard & Supply, Inc., 388 F. Supp. 1362 (N.D. Miss. 1975). “Miss.Code Ann. § 75-2-708(2) (1972). We have no difficulty in holding that Huffman properly excluded overhead expenses in its computation of lost profits.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.