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Young v. Frank’s Nursery & Crafts, Inc.
Citation:
569 N.E.2d 1034 (1991)Facts
Young entered into a contract with Frank’s Nursery & Crafts, Inc. to supply evergreen boughs. In July 1987, before Young had begun to assemble or cut the boughs specified in the February purchase order, Frank’s committed an anticipatory breach by repudiating the contract. Young made a commercial decision not to proceed with cutting the remaining boughs, determining that there would be no reasonably accessible market available for the boughs in the fall of 1987. Young sued Frank’s for damages resulting from the breach. The trial court instructed the jury on two possible measures of damages depending on whether Young’s decision was commercially reasonable, and placed the burden on Frank’s to prove that Young’s decision to cease manufacture was commercially unreasonable. The jury found in favor of Young, but the court of appeals reversed, holding that Young bore the burden of proving commercial reasonableness.
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