252 bigelow sanford inc v gunny corp facts plaintiff

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the market price and the expected cost of performance. 25.2 // Bigelow-Sanford, Inc. v. Gunny Corp. Facts: Plaintiff Bigelow-Sanford Inc sued Gunny Corp for the purchase of 100,000 linear yards of jute. Gunny failed to deliver the February and March orders. The plaintiff sued the defendant to recover losses sustained as a result of this breach of contract. Issue: Does the buyer have a remedy of cover? Holdings: Yes, the buyer must be covered for damages in Gunny’s failure to deliver the rolls in the months of February and March. Rule of Law: The purchaser may be recovered the measure of damages that he had lost due to the breach. Gunny breached the contract by failing to deliver with an unreasonable delay.
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Janine Nipal Problems 1. Lloyd is correct, because he notified Mae to stop the delivery. 2. He could recover if she warned him at a reasonable amount of time. 3. The Forte is able to recover all damages of market price minus what they should have gotten paid. Betty did not warn them quick enough. Phone would have been more effective than mail. 4. The buyer may cancel and recover payments made. Also, he may cover and obtain damages or recover damages for non-delivery. The seller can also recover identify goods or replevy the goods or obtain specific performance. 5.It was Mary’s fault, so Henry is entitled to recovery in damages.
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