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TESORO CORP v. HOLBORN OIL CO

145 Misc.2d 715 (1989)

Tesoro Petroleum Corporation, Plaintiff, v. Holborn Oil Company Limited et al., Defendants.

Supreme Court, New York County.

November 9, 1989

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood for plaintiff. Shea & Gould for defendants.

EDWARD H. LEHNER, J.

The sole issue presented on the motion and cross motion for partial summary judgment is whether, in the event plaintiff establishes a contract between the parties and a breach thereof, the measure of damages should be governed by UCC 2-706 (difference between contract price and resale price) or UCC 2-708 (difference between contract price and market price at time of tender).

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