ORS 72.7130¹
Buyer’s damages for nondelivery or repudiation

(1) Subject to the provisions of ORS 72.7230 (Proof of market price: time and place) with respect to proof of market price, 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 ORS 72.7150 (Buyer’s incidental and consequential damages), 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 case of rejection after arrival or revocation of acceptance, as of the place of arrival. [1961 c.726 §72.7130 (Buyer’s damages for nondelivery or repudiation)]

Notes of Decisions

Since the market price was less than the cost of cover, the plaintiff was entitled to use that measure as to the wheat which was actually purchased. Interior Elevator Co. v. Limmeroth, 278 Or 589, 565 P2d 1074 (1977)

Chapter 72

Law Review Cita­tions

53 OLR 468-473 (1974); 58 OLR 545 (1980)

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors072.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano072.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information