Young v. Frank's Nursery & Crafts, Inc.

This is a case of first impression in Ohio, but the law under the Uniform Commercial Code is clear on the issue of a seller’s remedies where the buyer commits an anticipatory breach.

The court of appeals correctly stated that the primary issue was which party had the burden of proving that the seller’s decision to stop manufacture was commercially reasonable. The court erred, however, in its reliance upon Detroit Power Screwdriver v. Ladney (1970), 25 Mich. App. 478, 181 N.W. 2d 828, as authority for the proposition that the plaintiff had to prove that his decision to cease manufacturing was…