Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc.
Supreme Court of Oregon
322 P.3d 531 (2014)
Peace River Seed Co-Operative (plaintiff) had a fixed-price contract to sell grass seed to Proseeds Marketing (defendant), which breached the contract; Peace River then resold some of the seed to other buyers before suing Proseeds, and the parties disputed which UCC remedy applied — Proseeds argued for resale damages (the difference between contract price and the actual resale price), while Peace River sought market damages (the difference between contract price and market price at the time of tender), which were larger. The trial court awarded the lesser resale damages, but an intermediate appellate court reversed, awarding market damages instead, and Proseeds appealed.
Whether an aggrieved seller under the UCC who has resold the contracted goods is limited to resale-price damages, or may instead recover market-price damages when those damages exceed what the resale would yield.