Allied Canners & Packers, Inc. v. Victor Packing Co.
California Court of Appeal
209 Cal.Rptr. 60 (1984)
Relevant factsFree
Victor (defendant) breached its raisin-supply contract with Allied (plaintiff) due to weather and regulatory issues; raisin prices tripled afterward, but Allied never bought substitute raisins and its Japanese buyer never pursued Allied for the shortfall, meaning Allied's actual lost profit was only about $4,462.50, though a market-price-differential calculation under UCC § 2-713 would have yielded over $150,000.
IssueFree
Whether, under the UCC, a court may limit damages to a buyer's actual loss when the seller breaches and the buyer does not purchase substitute goods.
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