KRS 355.2-708: 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 (KRS 355.2 -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 (KRS 355.2-710), 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 (KRS 355.2 -710), due allowance for costs reasonably incurred and

due credit for payments or proceeds of resale.