Legal Opinion
Apex Oil Company v. The Belcher Company of New York, Inc. And Belcher New Jersey, Inc.
Court of Appeals for the Second Circuit
Decided August 30, 1988No. 414, Docket 87-7596PublishedCited by 13 opinions
1Opinion of the Court
WINTER, Circuit Judge:
This diversity case, arising out of an acrimonious commercial dispute, presents the question whether a sale of goods six weeks after a breach of contract may properly be used to calculate resale damages under Section 2-706 of the Uniform Commercial Code, where goods originally identified to the broken contract were sold on the day following the breach. Defendants The Belcher Company of New York, Inc. and Belcher New Jersey, Inc. (together “Belch-er”) appeal from a judgment, entered after a jury trial before Judge McLaughlin, awarding plaintiff Apex Oil Company (“Apex”)…
2Cases cited5 opinions
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Computerized Radiological Services, Cross-Appellant v. Syntex Corporation and Syntex Analytical Instruments, Inc., Cross-AppelleesCourt of Appeals for the Second Circuit · 1986
- Servbest Foods, Inc. v. Emessee Industries, Inc.Appellate Court of Illinois · 1980
- Bache & Co., Inc. v. International Controls Corp.District Court, S.D. New York · 1972
- Martin Marietta Corp. v. New Jersey National BankCourt of Appeals for the Third Circuit · 1979
3Cited by13 opinions
- Apex Oil Company v. The Belcher Company of New York, Inc. And Belcher New Jersey, Inc., Shea & GouldCourt of Appeals for the Second Circuit · 1988
- Carte Blanche (Singapore) PTE., Ltd. v. Diners Club International, Inc.District Court, S.D. New York · 1991
- Learning Annex Holdings, LLC v. Whitney Education Group, Inc.District Court, S.D. New York · 2011
- Oscar Productions, Inc. v. ZachariusDistrict Court, S.D. New York · 1995
- Firwood Manufacturing Company, Inc. v. General Tire, Inc.Court of Appeals for the Sixth Circuit · 1996
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