Oloffson v. Coomer
Appellate Court of Illinois, Third District
296 N.E.2d 871 (1973)
Farmer Coomer (defendant) agreed to sell grain dealer Oloffson (plaintiff) 40,000 bushels of corn for October and December 1970 delivery, but on June 3, 1970, unequivocally told Oloffson he would not plant or deliver any corn due to poor weather, with the market price for future delivery already at $1.16 (up from the $1.12 contract price). Oloffson kept pressing for delivery through the passed delivery dates before eventually covering elsewhere at much higher prices ($1.35-$1.49), and sued for damages; the trial court measured damages from the June 3 repudiation date rather than the later delivery dates, awarding Oloffson $1,500, and Oloffson appealed for a larger award based on the delivery-date market prices.
Whether a merchant buyer who learns of a seller's anticipatory breach has the right to await the seller's performance for a commercially reasonable time before being required to pursue other remedies.