Lake Erie Boat Sales, Inc. v. Johnson
Ohio Court of Appeals
11 Ohio App. 3d 55, 463 N.E.2d 70 (1983)
James Johnson (defendant) contracted to buy a boat from Lake Erie Boat Sales, Inc. (Erie) (plaintiff). The total price for the boat was about $15,000. A few days later, Johnson repudiated the contract, claiming that he could not buy the boat for health reasons. Later, Erie sold the boat to someone else for the same sales price. Nevertheless, Erie sued Johnson to recover damages for Johnson’s breach of the purchase agreement. Erie argued that it was a lost-volume seller that would have been able to sell two boats if Johnson had gone through with the contract. At trial, an Erie salesman testified that he believed Erie had an unlimited supply of the type of boat Johnson had agreed to buy. Johnson, however, testified that that salesman had told Johnson that Erie only had the one boat of that kind. The trial court found that Erie had not shown that it was a lost-volume seller and, therefore, ruled in favor of Johnson. Erie appealed.
Rule of Law
Holding and Reasoning (Patton, C.J.)
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