KRS 355.2-723: Proof of market price: time and place.

(1) If an action based on anticipatory repudiation comes to trial before the time for

performance with respect to some or all of the goods, any damages based on market

price (KRS 355.2 -708 or 355.2 -713) shall be determined according to the price of

such goods prevailing at the time when the aggrieved party learned of the

repudiation.

(2) If evidence of a price prevailing at the times or places described in this article is not

readily available the price prevailing within any reasonable time before or after the

time described or at any other place which in commercial judgment or under usage

of trade would serve as a reasonable substitute for the one described may be used,

making any proper allowance for the cost of transporting the goods to or from such

other place.

(3) Evidence of a relevant price prevailing at a time or place other than the one

described in this article offered by one party is not admissible unless and until he

has given the other party such notice as the court finds sufficient to prevent unfair

surprise.