(810 ILCS 5/2-723)
(from Ch. 26, par. 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 (Section 2-708 and Section 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
(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.
(Source: Laws 1961, p. 2101