Tongish v. Thomas

The opinion of the court was delivered by

McFarland, J.:

This case presents the narrow issue of whether damages arising from the nondelivery of contracted-for sunflower seeds should be computed on the basis of K.S.A. 84-1-106 or K.S.A. 84-2-713. That is, whether the buyer is entitled to its actual loss of profit or the difference between the market price and the contract price. The trial court awarded damages on the basis of the buyer’s actual loss of profit. The Court of Appeals reversed the judgment, holding that the difference between the market price and the contract price was the proper…