Logourl black
From our private database of 14,200+ case briefs...

Oloffson v. Coomer

Appellate Court of Illinois, Third District
296 N.E.2d 871 (1973)


Facts

Oloffson (plaintiff) is a grain dealer who was in the business of merchandising grain. He is thus considered a “merchant” under Section 2-104 of the Uniform Commercial Code (UCC). Coomer (defendant) is a farmer who supplied corn for Oloffson’s merchandising business. On April 16, 1970, Coomer agreed to sell Oloffson 40,000 bushels of corn for approximately $1.12 per bushel, to be delivered in two installments of 20,000 bushels each in October and December of 1970. On June 3, 1970, Coomer informed Oloffson that he was not going to plant corn because the season had been too rainy. Coomer told Oloffson to arrange to obtain corn elsewhere to meet his merchandising needs. On this date, the price of corn for future delivery had risen to $1.16 per bushel. Oloffson again asked Coomer about delivering corn in September 1970, and Coomer repeated that he would not be able to deliver. Oloffson persisted, but the scheduled delivery dates passed with no delivery of corn. Oloffson covered his own obligations to third party vendees by purchasing 40,000 bushels of corn at $1.35 and $1.49 per bushel. Oloffson brought suit to recover damages from Coomer. The trial court awarded Oloffson $1,500, or the difference between the contract prices and the prices of corn on June 3, 1970 when Coomer first told Oloffson he would not deliver. Oloffson appealed and argued that the proper measure of damages was the difference between the contract price and the market prices on the October and December dates when the corn should have been delivered pursuant to the original April 16, 1970 contract.

Rule of Law

Issue

Holding and Reasoning (Alloy, P.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.