                                 CODE OF VIRGINIA

PROOF OF MARKET PRICE; TIME AND PLACE (§ 8.2-723)

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 (&#xA7; 8.2-708 or &#xA7; 8.2-713) 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
title 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 title 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.

HISTORY: 1964, c. 219.