1. (1) Subject to subsection (2) and to the provisions of this article with respect to proof of market price (Section 12A-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 12A-2-710), but less expenses saved in consequence of the buyer's breach.

2. (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 12A-2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

   Oklahoma Code Comment

   Prior Statutory Provisions:

   23 O.S. § 91.

   Text and derivation of prior provisions, see Appendix at end of this title.

   Comment:

3. (1) The

   seller is not required to resell under Section 2-706. Even though he elects to resell he may still claim damages under this Section. Previous Oklahoma law is in accord with the proposition that a vendor is not required to resell to fix damages. Guthrie Mill & Elevator Co. v. Thompson & Gibson, 89 Okl. 173, 214 P. 7I6 (1923); O'Dell v. Nelson & Meyers, 182 Okl. 563, 79 P.2d 212 (1938). Previous Oklahoma law is in accord with the measure of damages. See 23 O.S. § 91, now repealed.

4. (2) This is new. There are no comparable previous Oklahoma statutes or cases.

Laws 1961, SB 36, p. 98, §