C.A. 4th
G045321
The Fourth Appellate District reversed a judgment. The court held that evidence that contract seller of cottonseed engaged in extensive negotiations with reluctant buyer before reselling to another refuted trial courts finding that the seller failed to mitigate damages resulting from an alleged breach of contract by failing to resell the goods to others in commercially reasonable manner. The court also held that the trial courts finding of lack of mutual assent was erroneous under the UCC, which provides gap fillers to cover terms left open by the parties oral agreement.
