King Aircraft Sales, Inc. v. Lane

King (plaintiff) agreed to buy two rare, "quality, no damage" airplanes from Lane (defendant) to resell at a profit, but after Lane tried to change the deal to sell "as is" and King refused, Lane backed out and, while King's specific-performance suit was pending, sold the planes to a third party who resold them at a profit. The trial court, finding King couldn't cover given the planes' rare condition, awarded King the third party's resale profit under UCC § 2-716's "other proper circumstances" provision, and Lane appealed, arguing damages were improper in a specific-performance suit.