WVC 46 - 2 - 713
§46-2-713. Buyer's damages for nondelivery or repudiation.
(1) Subject to the provisions of this article with respect
to proof of market price (section 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 article (section 2-
715), but less expenses saved in consequence of the seller's
(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.
Note: WV Code updated with legislation passed through the 2012 1st Special Session