Maine Code § 11-2-723

Proof of market price; time and place
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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 2-708 or section
2-713) 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 he has given the other party such notice
as the court finds sufficient to prevent unfair surprise.

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