North Dakota Code § 41-02-92

(2-713) Buyer's damages for nondelivery or repudiation
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1. Subject to the provisions of this chapter with respect to proof of market price (section 
41-02-102), 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 41 -02-94), 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.

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