Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 15

Vance, a peanut grower, entered into an agreement to provide 2,000 pounds of peanuts to Timmons, a peanut processor. Severe rains, however, caused flooding and destroyed the peanut crop to be supplied by Vance. Vance argued that his contract with Timmons was discharged. He claimed that because the subject matter of the contract (the peanuts) was destroyed, he could not deliver the product as initially promised. Do you agree that the contract was discharged?