Commonwealth
Edison Co. v. Decker Coal Co.
653 F.Supp. 841 (N.D.Ill.1987).
Issue: If a seller can recover the contract price of goods under
§ 2-709, can they alternatively recover larger damages for lost profits under §
2-708(2)?
Rule: § 2-708 only applies if the seller cannot recover for
the price of the goods under § 2-709. §
2-708 is sort of a backup provision.
Analysis: The drafters of the UCC said that § 2-708(2) only
kicks in if § 2-708(1) is insufficient to put the seller in as good a position
as performance would have done. The court
argues by analogy that the drafters must have intended that § 2-709 is the same
sort of front-line provision as § 2-708(1), and that § 2-708(2) is a backup to §
2-709 as well as § 2-708(1).
Conclusion: The seller cannot recover damages under § 2-708(2) if
he or she can recover the price of the goods under § 2-709.
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Damages