Neri v. Retail Marine Corp.

The appeal concerns the right of a retail dealer to recover loss of profits and incidental damages upon the buyer’s repudiation of a contract governed by the Uniform Commercial Code. This is, indeed, the correct measure of damage in an appropriate case and to this extent the code (§ 2-708, subsection [2]) effected a substantial change from prior law, whereby damages were ordinarily limited to “ the difference *396between the contract price and the market or current price 1Upon the record before us, the courts below erred in declining to give effect to the new statute and so the order appealed…