Aquamarine Associates v. Burton Shipyard

In Aquamarine Associates v. Burton Shipyard, 645 S.W.2d 477 (Tex.App.--Beaumont 1982), aff'd, 659 S.W.2d 820 (Tex.1983), seller anticipatorily repudiated its obligation to construct and deliver ships. After seller learned of the repudiation, it covered by contracting with another party to complete the vessels. Since buyer covered under section 2.712 Tex.Bus. & Com.Code, the jury's answer to the section 2.713 damages issue was properly disregarded. Referring to comment 5 of section 2.713, however, the Texas Court of Civil Appeals cited two cases that measured buyer's damages for anticipatory repudiation at different times. Id. at 479 & n. 8.