Hargrove Inc

Essay

Hargrove Inc.is a distributor of grains and other farm commodities,which it buys directly from the farmers.Hargrove contracts with National Bakery Association to sell and deliver 1,000 tons of wheat during August.The wheat is to be delivered by rail (train).During July,before the wheat was shipped,the railroads went on strike.The wheat could not be shipped by train.However,the grain could be shipped by truck,but only at a cost double that of trains.Hargrove refused to ship the wheat at the extra expense.National sues for breach of contract.It should be noted that the trains have gone on strike four times in the past ten years,and that there was talk of a strike before this contract was created.Who will win in this lawsuit and why?