Tongish v. Thomas

After sunflower seed prices doubled, Tongish (defendant) knowingly and intentionally refused to deliver the remaining contracted seeds to Coop (plaintiff), instead selling them to another buyer for $5,153 more than the contract price; the trial court limited Coop's damages to the $455 handling fee it would have earned as its actual loss, but the appellate court reversed, applying the market-price measure under UCC § 2-713 instead.