S.J. Groves & Sons Co. v. Warner Co.
United States Court of Appeals for the Third Circuit
576 F.2d 524 (1978)
Warner (defendant) repeatedly failed to timely deliver concrete under its contract with Groves (plaintiff), causing Groves added costs; despite Warner's ongoing performance problems and unclear ability of an alternative supplier (Trap Rock) to handle the full contract, Groves reasonably continued with Warner through completion, and the district court limited Groves's damages to a cutoff date on the theory Groves should have switched suppliers earlier.
Whether, under the Uniform Commercial Code, a contract's breaching party has the burden of proving that the non-breaching party failed to mitigate damages, and whether a buyer may recover consequential damages that could not reasonably have been prevented by cover or otherwise.