Cosden Oil & Chemical Company, Cross-Appellee v. Karl O. Helm Aktiengesellschaft, Cross-Appellant

REAVLEY, Circuit Judge:

We must address one of the most difficult interpretive problems of the Uniform Commercial Code — the appropriate time to measure buyer’s damages where the seller anticipatorily repudiates a contract and the buyer does not cover. The district court applied the Texas version of Article 2 1 and measured buyer’s damages at a commercially reasonable time after seller’s repudiation. We affirm, but remand for modification of damages on another point.

I. CASE HISTORY

This contractual dispute arose out of events and transactions occurring in the first three months of 1979, when…