Commonwealth Edison Co. v. Decker Coal Co.

653 F.Supp. 841 (N.D.Ill.1987).

Dawson, p. 68-69

 

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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