The Forte Piano Company sued Betty to recover the contract price. To what remedy, if any, is Forte entitled?
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On January 10, Betty, of Emanon, Missouri, visited the showrooms of the Forte Piano Company in St. Louis and selected a piano. A sales memorandum of the transaction signed by Betty and by the salesperson of the Forte Piano Company read as follows: “Sold to Betty one new Andover piano, factory number 46832, price $3,300, to be shipped to the buyer at Emanon, Missouri, freight prepaid, before February 1. Prior to shipment, seller will stain the case a darker color in accordance with buyer’s directions and will make the tone more brilliant.” On January 15, Betty repudiated the contract by letter to the Forte Piano Company. The company subsequently stained the case, made the tone more brilliant, and offered to ship the piano to Betty on January 26. Betty persisted in her refusal to accept the piano. The Forte Piano Company sued Betty to recover the contract price. To what remedy, if any, is Forte entitled? |
Explanation
In the case of breach of Sale of Goods Contract, the seller is entitled to recover for the damages that have been caused because of non-acceptance of goods. The recovery amount includes the difference between the market price of the goods at the time and place of delivery and the agreed contact price.
In this case, Buyer B sent the cancellation notice before any work was done on Product P. Company F had made changes in Product P according to the sales term afterwards. So, the buyer cannot be held liable for the claim to pay the contract price that is put by Company F. The Buyer B can be held liable for the breach of contract, thereby allowing Company F to make recovery for it.
Verified Answer
In this case, Company F may not be able to reclaim the contract price from Buyer B as the latter has rejected to purchase the Product P before any work was done on it.
Company F may be able to claim for the damages because of breach of contract.
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