Siemens Energy and Automation v. Coleman Electrical Supply Co.

46 F. Supp. 2d 217 (1999)

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Siemens Energy and Automation v. Coleman Electrical Supply Co.

United States District Court for the Eastern District of New York
46 F. Supp. 2d 217 (1999)

RW

Facts

Siemens Energy and Automation, Inc. (Siemens) (plaintiff) contracted to sell electrical goods, on credit, to Coleman Electrical Supply Company, Inc. (Coleman) (defendant). Coleman accepted the goods. Coleman could not keep up with its finance payments and offered to return some of the goods so Siemens could resell them to other customers. Siemens refused and sued for full payment. In its defense, Coleman argued that Siemens had a duty to mitigate its losses by accepting Coleman’s offer and reselling the goods. Siemens moved for summary judgment. The federal district court applied New York’s Uniform Commercial Code (UCC) to the case.

Rule of Law

Issue

Holding and Reasoning (Trager, J.)

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