Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 17

Objective Impossibility of Performance. Millie contracted to sell Frank 1,000 bushels of corn to be grown on her farm. Owing to drought conditions during the growing season, Millie's yield was much less than anticipated, and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of objective impossibility of performance? Explain. (See Contract Discharge.)