Breach to Buy Personal Property

The detriment caused by the breach of a buyer’s agreement to accept and pay for personal property, the title to which is not vested in him, is deemed to be:

(a)If the property has been resold, pursuant to Civil Code § 3049 [which was repealed by P.L. 13-150:10 (June 30, 1976)], the excess, if any, of the amount due from the buyer, under the contract, over the net proceeds of the resale; or

(b)If the property has not been resold in the manner prescribed by Civil Code § 3049 [which was repealed by P.L. 13-150:10 (June 30, 1976)], the excess, if any, of the amount due from the buyer, under the contract, over the value to the seller, together with the excess, if any, or the expenses properly incurred in carrying the property to market, over those which would have been incurred for the carriage thereof, if the buyer had accepted it.