Mississippi Code
Miss. Code Ann. § 75-2-713 (2026)
Buyer's damages for nondelivery or repudiation
✓ current as of July 2026
- (1) Subject 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 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 price together with any incidental and consequential damages provided in this chapter (Section 2-715) [Section 75-2-715], but less expenses saved in consequence of the seller's breach.
- (2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Codes, 1942, § 41A:2-713; Laws, 1966, ch. 316, § 2-713, eff. 3/31/1968.
Notes of Decisions
Cited in 3
cases, 1983–1990 · leading case: H & W Indus., Inc., Cross-Appellant v. Occidental Chem. Corp., Cross-Appellee, 911 F.2d 1118 (5th Cir. 1990).
H & W Indus., Inc., Cross-Appellant v. Occidental Chem. Corp., Cross-Appellee, 911 F.2d 1118 (5th Cir. 1990). “Miss.Code Ann. § 75-2-713. 10 .Heath did admit that some substitute resin was available in early November.”
Louis Dreyfus Corp., Cross-Appellant v. J.B. Brown & Michael Smith, Cross-Appellees, 709 F.2d 898 (5th Cir. 1983). “under Miss.Code Ann. § 75-2-713(1). In this case, the plaintiff chose to cover; therefore, damages must be measured by the “difference between the cost of cover and the contract price .”
Gooch v. Farmers Mktg. Ass'n, 519 So. 2d 1214 (Miss. 1988). “Miss. Code Ann. § 75-2-713 (1) (1972). Appellant argues that FMA learned of the breach, if any, on November 23, 1983, the date of appellee's letter requesting performance.”
— Miss. Code Ann. § 75-2-713(1) — 1 case
Louis Dreyfus Corp., Cross-Appellant v. J.B. Brown & Michael Smith, Cross-Appellees, 709 F.2d 898 (5th Cir. 1983). “under Miss.Code Ann. § 75-2-713(1). In this case, the plaintiff chose to cover; therefore, damages must be measured by the “difference between the cost of cover and the contract price .”
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