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

Exercise 16

Flavorland Industries, Inc., entered into a contract to sell Schnoll a load of goose necks (bottom round cuts of beef) at a stated price with delivery to be completed on October 6 or October 7. Flavorland, unable to make the delivery, notified Schnoll before the delivery date and tried to make a further agreement on delivery. After advising Flavorland that it could not accept a different delivery date, Schnoll purchased other beef to cover the original order. The cost was $2,438.61 higher than the original contract price. Can Schnoll recover from Flavorland the amount of its cover? (Schnoll Packing Corporation v. Flavorland Industries, Inc., 167 N.Y.Super. 376)