West Virginia Code § 46-2-708

Seller's damages for nonacceptance or repudiation
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(1) Subject to subsection (2) and to the provisions of this article with respect to proof of
market price (section 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 article
(section 2-710), but less expenses saved in consequence of the buyer's breaceh.
(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 maude from full performance by
the buyer, together with any incidental damages provided in this article (section 2-710), due
allowance for costs reasonably incurred and due credit for ptayments or proceeds of resale.

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