Cosden Oil & Chemical Co. v. Karl O. Helm Aktiengesellschaft
United States Court of Appeals for the Fifth Circuit
736 F.2d 1064 (1984)
Relevant factsFree
Cosden (plaintiff) cancelled several remaining polystyrene orders to Helm (defendant) due to plant shutdowns, while the market price for polystyrene continued climbing afterward; the district court measured Helm's damages as the difference between the contract price and the market price a commercially reasonable time after Cosden's repudiation, and both parties appealed that damages calculation.
IssueFree
Whether, under the Uniform Commercial Code as enacted in Texas, a buyer can recover damages for anticipatory repudiation measured from a commercially reasonable time following the seller's repudiation of the contract.