Smith visited the showroom of the Cold Company,and verbally ordered a $800 refrigerator.The Cold Company verbally accepted the order,and later (the next day)sent Smith a duplicate purchase order for the appliance,along with a request that he sign and return one copy.Smith did not sign the order,and when the appliance was delivered,refused to take delivery.ABC sued Smith for breach of contract.
-In its suit against Smith,the only remedy available to the ABC Company would be specific performance of the contract.

Question

Quizplus · Accepted Answer

Specific performance is a type of equitable remedy where the court orders a party to fulfill their contractual obligations. However, in this case, there may not be enough evidence to prove the existence of a contract between Smith and ABC Company, as the order was only verbally communicated and there was no signed agreement. Therefore, ABC Company may have to seek other legal remedies, such as damages for breach of contract.

Smith Visited the Showroom of the Cold Company,and Verbally Ordered