Hessler v. Crystal Lake Chrysler-Plymouth, Inc.
Illinois Appellate Court, Second District
788 N.E.2d 405 (2003)
Donald Hessler (plaintiff) was the first customer to put down a deposit with Crystal Lake Chrysler-Plymouth (Crystal) (defendant) for a limited-production Plymouth Prowler, agreeing on a $44,000 price with delivery "ASAP." When Crystal received a Prowler, its owner told Hessler he wouldn't sell it to him because it was already committed to another customer, even after Hessler contacted 38 other dealers without success; when Hessler later found Crystal had actually received a Prowler, the owner again refused to sell, so Hessler bought one elsewhere that same day for $77,706 — the lowest price he could find anywhere through the following January. Hessler sued for breach, and after a bench trial the judge awarded him $29,853, the difference between the contract price and his cover price; Crystal appealed.
Whether a buyer, after a seller anticipatorily repudiates a sale, is entitled to recover the difference between the contract price and a substantially higher price reasonably paid for substitute goods elsewhere.