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APEX OIL CO. v. BELCHER CO. OF NEW YORK, INC.

No. 414, Docket 87-7596.

855 F.2d 997 (1988)

APEX OIL COMPANY, Plaintiff-Appellee, v. The BELCHER COMPANY OF NEW YORK, INC. and Belcher New Jersey, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Ronald H. Alenstein, New York City (Adam B. Gilbert, David S. Tannenbaum, Shea & Gould, New York City, of counsel), for defendants-appellants.

Debra L. Brown, New York City (Richard J. Wiener, Cadwalader, Wickersham & Taft, New York City, of counsel), for plaintiff-appellee.

Before TIMBERS, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

This diversity case, arising out of an acrimonious commercial dispute, presents the question whether a sale of goods six weeks after a breach of contract may properly be used to calculate resale damages under Section 2-706 of the Uniform Commercial Code, where goods originally identified to the broken contract were sold on the day following the breach. Defendants The Belcher Company of New York, Inc. and Belcher New Jersey, Inc. (together "Belcher...

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