An electronics store and a manufacturer of gaming computers…
An electronics store and a manufacturer of gaming computers entered into a written contract whereby the manufacturer would sell to the electronics store 25 of its top-of-the-line gaming computers for $1,000 each. When the delivery arrived several days early, on July 15, the electronics store noticed that the computers did not have all of the features as the top-of-the- line model that was ordered. The electronics store notified the manufacturer that it was rejecting the computers that were delivered and expected the manufacturer to send 25 top-of- the-line models immediately. The manufacturer replied that because of a backlog of orders that had not yet been filled, the top-of-the-line models could not be delivered until October 15. Because the electronics store had contracted with a local college to deliver 10 top-of-the- line models for use by the college’s varsity esports program by July 31, the electronics store delivered 10 of the nonconforming gaming computers to the college along with a promise to replace them with 10 top-of-the-line models in mid-October. The electronics store returned the 15 remaining gaming computers to the manufacturer. How much could the electronics store recover from the manufacturer for the 10 gaming computers that it delivered to the college?
Read DetailsA paper supply company ran an advertisement offering rolls o…
A paper supply company ran an advertisement offering rolls of cash register tape for sale for $10 a roll, minimum purchase of 100 rolls. In response to the advertisement, an office supply retailer sent a written order to the paper supply company for 150 rolls of register tape. In the letter that accompanied the retailer’s order, the retailer stated that it would send the paper supply company payment of $1,500 upon delivery. The letter also stated that the register tape must be compatible with three specified commonly used cash register models. The day after receiving the written order and letter from the retailer, the paper supply company shipped 150 rolls of register tape to the retailer. Accompanying the invoice was a letter from the paper supply company stating that the register tape is compatible with two of the specified models of cash register, but that the retailer makes no warranties as to the compatibility of the register tape with any other model of cash register. Shortly after accepting shipment of the register tape, the retailer realized that the register tape did not fit onto the third model of cash register that it had specified and instituted an action against the paper supply company. Which of the following statements would offer the strongest support in favor of the retailer’s position?
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