Bander v. Grossman
New York Supreme Court
611 N.Y.S.2d 985 (1994)
Neil Bander (plaintiff) contracted to buy a 1965 Aston-Martin from dealer Robert Grossman (defendant) for $40,000 and paid a $5,000 deposit, but Grossman could not deliver clear title and tried to return the deposit. Bander's attorney declared breach in December 1987, when the car was worth about $60,000; Grossman later sold it to someone else for $225,000, and its value fell back to $80,000 by the time of trial in 1989. A jury awarded Bander $20,000 in market-price damages under UCC Section 2-713, and Bander separately sought monetary specific performance under UCC Section 2-716, arguing the car was unique and asking for a trust holding Grossman's $225,000 sale proceeds plus interest.
Whether a buyer who delays seeking specific performance under UCC Section 2-716 remains entitled to that remedy for a unique good.