Seller’s damages for nonacceptance or repudiation
Source:
Section 72.7080 — Seller’s damages for nonacceptance or repudiation, https://www.oregonlegislature.gov/bills_laws/ors/ors072.html
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Notes of Decisions
Measurement of damages based on lost profit may include any situation where plaintiff availing self of available market would not substantially mitigate damages. Timber Access Ind. Co. v. U.S. Plywood-Champion Papers, Inc., 263 Or 509, 503 P2d 482 (1972)
Where allowing full measure of damages under this section would amount to windfall, plaintiff was entitled to compensatory award, but only up to actual loss amount recoverable under ORS 72.7060. Coast Trading Co. v. Cudahy Co., 592 F2d 1074 (1979)
Where vanishing market makes market price-contract price measure of damages inadequate, lost profits may be recovered and both measures may be submitted to jury if evidence would justify award under either. Stanfill v. TAT (USA) Corp., 76 Or App 332, 709 P2d 717 (1985), Sup Ct review denied
Where plaintiff is “lost volume seller” and is entitled to damages for lost profits, “due credit for...proceeds of resale” provision of this section does not apply because it will not yield correct recovery. Trienco, Inc. v. Applied Theory, Inc., 102 Or App 362, 794 P2d 1239 (1990)
Where grass seed buyer failed to fulfill contractual obligation to purchase grass seed ordered from seller, seller is entitled to difference between contract price and market price at time of breach, even if seller is able to resell grass seed to other buyers. Peace River Seed Co-Op v. Proseeds Marketing, 253 Or App 704, 293 P3d 1058 (2012), aff’d 355 Or 44, 322 P3d 531 (2014)