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

Exercise 11

Flanagan, Inc. of Ohio, a manufacturer of custommade kitchen cabinets, contracted in writing with Bright Home Builders in Rochester, New York, to design and build custom kitchen cabinets for five large new homes being built by Bright in the Rochester area. The price to Bright was $60,000, and the cabinets were to be ready for delivery by May 15. The arrangements for shipping were FOB Ohio. Flanagan would deliver the cabinets to a trucking company by May 15 for shipment to Bright. On May 14, Flanagan did deliver the cabinets to the trucking company and notified Bright. On May 16, while en route to Rochester, the truck was involved in a five-car crash, and the entire shipment of cabinets was completely destroyed. Is Bright entitled to specific performance because of the unique nature of the goods?