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Tongish v. Thomas
Supreme Court of Kansas (1992) | 840 P.2d 471; 251 Kan. 728; 20 U.C.C. Rep. Serv. 2d (West) 936; 1992 Kan. LEXIS 172
TL;DR: A farmer breached a contract to sell seeds after the market price doubled. The court awarded the buyer damages based on the market price-contract price difference, even though this gave the buyer a windfall far exceeding its actual lost profit.
Legal Significance: Establishes that the specific UCC remedy for non-delivery (market price minus contract price under § 2-713) prevails over the UCC's general goal of limiting damages to actual loss (§ 1-106), particularly to discourage a seller's deliberate, opportunistic breach.