|CALENDAR STATUS: Active|
|Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc.|
|Supreme Court Case 3|
|W Wallace Ogdal, J Michael Alexander and James E Mountain, Jr on behalf of Proseeds Marketing Inc|
Wm Randolph Turnbow on behalf of Peave River Seed Co-Op Ltd
Statement of Issues:
|Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc. (S060957) (A144564) (appeal from Marion County Circuit Court; opinion reported at 253 Or App 704, 293 P3d 1058 (2012)). |
Defendant Proseeds Marketing, Inc., has been granted review of a Court of Appeals decision that reversed and remanded a general judgment that had awarded damages to plaintiff Peace River Seed Co-Operative, Ltd., for defendant's failure to purchase grass seed from plaintiff as agreed to in a series of contracts.
On review, the issue is:
Whether Oregon's version of the Uniform Commercial Code grants an aggrieved seller who resells goods that a buyer wrongfully has rejected a choice between damages measured by the difference between the contract price and market price or damages measured by the difference between the resale price and market price?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Jack L. Landau