Legal Opinion
Tesoro Petroleum Corp. v. Holborn Oil Co.
New York Supreme Court
Decided November 9, 1989PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The sole issue presented on the motion and cross motion for *716partial summary judgment is whether, in the event plaintiff establishes a contract between the parties and a breach thereof, the measure of damages should be governed by UCC 2-706 (difference between contract price and resale price) or UCC 2-708 (difference between contract price and market price at time of tender).
FACTS
Plaintiff asserts that it contracted to sell approximately 10 million gallons of gasoline to defendant at a price of $1.30 per gallon, having purchased it a few days earlier at…
2Cases cited4 opinions
- Neri v. Retail Marine Corp.New York Court of Appeals · 1972
- Fertico Belgium S. A. v. Phosphate Chemicals Export Ass'nNew York Court of Appeals · 1987
- Union Carbide Corp. v. Consumers Power Co.District Court, E.D. Michigan · 1986
- B&R Textile Corp. v. Paul Rothman Industries, Ltd.Civil Court of the City of New York · 1979
3Cited by5 opinions
- Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc.Oregon Supreme Court · 2014
- Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc.Court of Appeals of Oregon · 2012
- Fedmet Trading Corp. v. Ekco International Trade Corp.New York Supreme Court · 1991
- Clark Oil Trading Co. v. J. Aron & Co.New York Supreme Court · 1997
- Ardagh Metal Packaging USA Corp. v. American Craft Brewery LLCDistrict Court, N.D. Illinois · 2026