Baker agreed to purchase a set of books on display in Flack's Book Store. The price for the set was $300, and Baker gave Flack $150 to 'bind the bargain'. Flack delivered the books to Baker's home the next day, but Baker refused delivery, as he had found a similar set in another shop at a slightly lower price. Flack may retain the $150 and sue Baker for the remainder of the purchase price, if he is prepared at all times to deliver the goods to Baker.

Question

Quizplus · Accepted Answer

By giving Flack $150 to "bind the bargain," Baker entered into a contract with Flack for the purchase of the books. When Baker refused delivery, he breached this contract, allowing Flack to retain the $150 as damages for the breach and also sue for the remainder of the purchase price, provided he is willing to deliver the goods as per the contract terms.

Baker Agreed to Purchase a Set of Books on Display