Facts:

-Buyer contracts to buy goods from Seller for $100,000, delivery now

-Buyer contracts to resell goods to third party for $125,000, delivery in 6 months

-Seller breaches

-Substitute price at time of learning of breach is $110,000

Questions:

-How much should buyer recover if buyer waits until price of substitute goods at delivery date of resale contract is $90,000?

Substitute price at time of breach (110k) -contract price (100k) = $10,000

Substitute price at time of resale delivery (90k) -contract price (100k) = -$10,000

-Should breaching seller get the benefit of the price dropping?

-How much should buyer recover if buyer waits until price of substitute goods at delivery date of resale contract is $120,000?

Substitute price at time of breach (110k) -contract price (100k) = $10,000

Substitute price at time of resale delivery (120k) -contract price (100k) = $20,000

-Should breaching seller bear risk of the price increasing?

-See UCC 2-712(1) and 2-713(1)