Retail Marine, a dealer in marine equipment and supplies, contracted to sell a new boat to Neri for $12,500. Marine then ordered and received the boat from its supplier. Six days after the agreement Neri repudiated the contract. Four months later Marine sold the boat to another buyer for the same price. When Neri sued to recover his downpayment, Marine counterclaimed for lost profits of $2,500 under U.C.C. 2–708(2), arguing that absent Neri's default it would have earned two profits rather than one. The New York Court of Appeals sustained Marine's lost-volume claim, holding that “the conclusion is clear from the record – indeed with mathematical certainty – that [market damages are] inadequate to put the seller in as good a position as performance … and hence … the seller is entitled to its [profit].” The court categorized Retail Marine's situation as that of a dealer with an “inexhaustible” supply of boats; consequently, the second buyer did not replace the first.