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Ohio Rev. Code Ann. § 1302.87

Buyer's damages for non-delivery or repudiation - UCC 2-713

Applied in 3 court decisions — leading case 8 Ohio App. 3d 223 - American Bronze Corp. v. Streamway Products (1982)

Most recently applied in MRC Innovations, Inc. v. Lion Apparel, Inc. (February 2020)

Effective: July 1, 1962; Latest Legislation: Senate Bill 5 - 104th General Assembly

How often courts cite this section

1982199020002010202010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) Subject to the provisions of section 1302.97 of the Revised Code, with respect to proof of market price, the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in section 1302.89 of the Revised Code, but less expenses saved in consequence of the seller's breach.

(B) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.