From our private database of 26,900+ case briefs...
Oloffson v. Coomer
Illinois Appellate Court
296 N.E.2d 871 (1973)
Richard Oloffson (plaintiff) was a grain dealer who was in the business of merchandising grain. Oloffson was thus considered a “merchant” under Uniform Commercial Code (UCC) § 2-104. Clarence Coomer (defendant) was a farmer who supplied corn for Oloffson’s business. Coomer was not a merchant under the UCC. 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 would not be planting corn because the season had been too rainy. Coomer told Oloffson that Oloffson should arrange to obtain corn elsewhere if Oloffson had promised to deliver corn to a third party. On this date, the price of corn for future delivery had risen to $1.16 per bushel. In September of 1970, Oloffson asked Coomer again about delivering corn, and Coomer repeated that he would not be able to deliver. Oloffson continued to ask Coomer to perform, but the scheduled delivery dates passed with no delivery of corn. Oloffson subsequently covered his own obligations to a third-party vendee by purchasing 20,000 bushels of corn at $1.35 per bushel and 20,000 bushels at $1.49 per bushel. Oloffson brought suit to recover damages from Coomer. Oloffson said that he followed a usage of trade that allowed customers to cancel their contracts for future deliveries if the customer told Oloffson that they wanted to cancel and paid Oloffson the difference between the contract price and the market price on the day of cancellation. However, Coomer was unaware of this usage of trade, and Oloffson did not tell Coomer about it. The trial court awarded Oloffson $1,500, which was the difference between the contract price and the price of corn on June 3, 1970, when Coomer first told Oloffson he would not deliver. The trial court also found that Oloffson had not acted in good faith with respect to his failure to disclose to Coomer how to cancel the contract. Oloffson appealed to the Illinois Appellate Court, arguing 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 parties' contract.
Rule of Law
Holding and Reasoning (Alloy, P.J.)
What to do next…
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 540,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 540,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 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.