Mississippi Code
Miss. Code Ann. § 75-2-712 (2026)
"Cover"; buyer's procurement of substitute goods
✓ current as of July 2026
- (1) After a breach within section 75-2-711 the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
- (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (Section 2-715) [Section 75-2-715], but less expenses saved in consequence of the seller's breach.
- (3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.
Codes, 1942, § 41A:2-712; Laws, 1966, ch. 316, § 2-712, eff. 3/31/1968.
Notes of Decisions
Cited in 6
cases, 1977–1996 · leading case: Terex Corp. v. Ingalls Shipbuilding, Inc., 671 So. 2d 1316 (Miss. 1996).
Terex Corp. v. Ingalls Shipbuilding, Inc., 671 So. 2d 1316 (Miss. 1996). “Terex relies on the language in Miss. Code Ann. § 75-2-712 which states: (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (§ 2-715)[§…”
Migerobe, Inc. v. Certina Usa, Inc., 924 F.2d 1330 (5th Cir. 1991). “See Miss.Code Ann. §§ 75-2-712(2) & 75-2-715(2)(b).”
H & W Indus., Inc., Cross-Appellant v. Occidental Chem. Corp., Cross-Appellee, 911 F.2d 1118 (5th Cir. 1990). “Miss.Code Ann. § 75-2-712 defines cover as the buyer’s good faith attempt to mitigate his losses by purchasing substitute goods within a reasonable time.”
Frank Weathersby, D/B/A Weathersby Cotton Co. v. Y. B. Gore, 556 F.2d 1247 (5th Cir. 1977). “See Miss.Code Ann. § 75-2-712 (1973). In summary, the refusal to instruct the jury that Strong was an agent of Weathersby was error; the issue of whether the performance bond was acquired by Weathersby within a reasonable time is still an open question but the letter of credit…”
Louis Dreyfus Corp., Cross-Appellant v. J.B. Brown & Michael Smith, Cross-Appellees, 709 F.2d 898 (5th Cir. 1983). “After an anticipatory repudiation has occurred, an aggrieved buyer may recover damages arising out of the cost of “covering” his purchase under Miss.Code Ann. § 75-2-712 (1972), or damages measured by the difference “between the market price at the time when the buyer learned of…”
Terex Corp v. Ingalls Shipblding Inc (Miss. 1992). “Terex relies on the language in Miss. Code Ann. § 75-2-712 which states: (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (§ 2- 715)[§…”
— Miss. Code Ann. § 75-2-712(2) — 2 cases
Migerobe, Inc. v. Certina Usa, Inc., 924 F.2d 1330 (5th Cir. 1991). “See Miss.Code Ann. §§ 75-2-712(2) & 75-2-715(2)(b).”
Louis Dreyfus Corp., Cross-Appellant v. J.B. Brown & Michael Smith, Cross-Appellees, 709 F.2d 898 (5th Cir. 1983). “After an anticipatory repudiation has occurred, an aggrieved buyer may recover damages arising out of the cost of “covering” his purchase under Miss.Code Ann. § 75-2-712 (1972), or damages measured by the difference “between the market price at the time when the buyer learned of…”
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