BCR 2000 DATE CODE 1011 TRIAL

The appellate court вЂњmust a rm if the district courtвЂ™s account of the evidence is plausibleвЂќ when viewed in light of the entire No. Stone Creek Mechanical, Inc., 412 F.3d 845, 847 (7th Cir. Riverboat Services of Indiana, Inc., 451 F.3d 424, 447 (7th Cir. вЂњA nding of fact is clearly erroneous only when the reviewing court is left with the de nite and rm conviction that a mistake has been committed.вЂќ Ga ney v.

BCR 2000 DATE CODE 1011 TRIAL

Standards for Appellate Review We review the trial courtвЂ™s conclusions of law de novo, but we review its ndings of fact and applications of law to ndings of fact only for clear error. Finally, the court did not err in awarding prejudgment interest. В§ 2-712 to nd that the buyerвЂ™s cover was commercially reasonable. В§ 2-609 to nd that the seller gave the buyer reasonable grounds for doubting that it would perform and that the seller then repudiated by failing to provide adequate assurance that it would continue to perform. The district courtвЂ™s factual ndings are not clearly erroneous. In this third, and we hope nal, appeal in this case, we af rm. The court also awarded prejudgment interest to BRC for the cost of the вЂњcover,вЂќ i.e., replacing the lost supply at higher prices. The court resolved sharply disputed factual issues, nding that Continental had repudiated the partiesвЂ™ supply contract and that BRC acted reasonably in buying carbon black from di erent suppliers for the remaining years of the contract. 20-1011 seller Continental Carbon Company to pay damages to buyer BRC Rubber & Plastics, Inc. After a bench trial, the district court ordered 2 No. The product was carbon black, used to manufacture rubber products. This appeal presents two classic contract issues under Article 2 of the Uniform Commercial Code: (1) whether a seller of goods repudiated a supply contract by failing to give adequate assurance of its performance under В§ 2-609, and (2) whether the buyer acted reasonably in вЂњcoveringвЂќ to replace the breaching sellerвЂ™s goods under В§ 2712. _ ARGUED OCTODECIDED NOVEM_ Before RIPPLE, KANNE, AND HAMILTON, Circuit Judges. _ Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. CONTINENTAL CARBON COMPANY, Defendant-Appellant. 20-1011 BRC RUBBER & PLASTICS, INC., Plaintiff-Appellee, v. In the United States Court of Appeals For the Seventh Circuit _ No. 2-712 to find that cover was commercially reasonable and awarded prejudgment interest. 2-609 to find that Continental gave BRC reasonable grounds for doubting that it would perform and that Continental repudiated by failing to provide adequate assurance that it would continue to perform. The district court properly applied U.C.C. The Seventh Circuit affirmed an order that Continental pay damages. BRC proceeded to вЂњcoverвЂќ by buying from another supplier at higher prices. On June 2, BRC notified Continental that it was terminating the contract and had filed suit. Continental gave contradictory responses and continued to demand that BRC accept the price increase. 2-609, asking for adequate assurance that Continental would continue to supply carbon black under the existing contract, requesting a response by May 18. Continental would not confirm future shipment dates or tell BRC when to expect a response. On May 11, Continental missed a shipment to BRC. Continental did not respond to BRC's protests. BRC placed new orders relying on the contractвЂ™s prices. BRC replied that the price increase would violate the contract. Continental tried to increase baseline prices. In early 2011, BRC bought about 1.3 million pounds. In 2010, BRC bought 2.6 million pounds of carbon black. The contract listed baseline prices with instructions for calculating feedstock adjustments. Continental agreed to supply BRC with вЂњapproximately 1.8 million pounds of prime furnace black annuallyвЂќ taken in вЂњapproximately equal monthly quantities.вЂќ The price of carbon black consists of a baseline price and вЂњfeedstockвЂќ adjustments. BRC and Continental signed a five-year contract.

Bcr 2000 date code 1011