Oloffson
v. Coomer
11
Ill.App.3d 918, 296 N.E.2d 871 (1973)
Facts: Coomer agreed to sell corn
to Oloffson. Coomer repudiated. Oloffson went into the market and covered by
buying at current market prices which were higher than the contract price. Oloffson sued for damages of the difference
between the market price and the contract price on the performance dates, but
instead was awarded the difference between the market price and the contract
price on the date of repudiation.
Issue: By which date should the
damages to Oloffson be calculated?
Rule: Pursuant to UCC § 2-610(a),
one may await performance by the repudiating party for a “commercially
reasonable time”. Then one has a duty to
“resort to any remedy for breach”, pursuant to UCC § 2-610(b).
Analysis: The court finds that if
Oloffson had mitigated his damages under either § 2-711(a) or (b), he would
have received the same damages as he was awarded at trial.
Conclusion: The court found that
Oloffson received appropriate damages at trial and thus upheld the judgment.
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