Wellston Coal Co. v. Franklin Paper Co.

A buyer signed a year-long contract to purchase all its coal from the seller at a flat per-ton price designed to average out seasonal price swings, favorable to the buyer in winter and to the seller in summer; after the parties performed through the profitable winter months, the buyer repudiated in May 1891 before the seller could recoup its bargain during the coming slow summer season. The seller sued for damages based on the market value of coal already delivered during the winter, but the trial court awarded only nominal damages, and the seller appealed.

Whether a seller who partly performed a sales contract may seek restitution when the buyer subsequently breaches.