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Sanford Ventilating Co

Question 29

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Sanford Ventilating Co. sold a fan unit, model 674, to Bishop Manufacturing Co. The contract of sale required delivery on December 10. On December 2, Sanford delivered a fan unit, model 694, to Bishop. Bishop immediately notified Sanford that the wrong fan unit had been delivered. Bishop informed Sanford that it was holding Sanford in breach of contract, and that it would pursue all remedies available to it under law. Sanford did not respond to this communication. On December 9, Bishop filed suit against Sanford for breach of contract. On December 10, Sanford delivered a fan unit, model 674, to Bishop. Bishop refused delivery, and Sanford sued for breach of contract. Who wins, and why?

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Bishop wins. Sanford delivered nonconfor...

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