WVC 46 - 2 - 708
§46-2-708. Seller's damages for nonacceptance or repudiation.
(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 breach.
(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 made
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 payments or
proceeds of resale.