Murphy contracts to purchase six cases of French champagne from
Lone Star Liquors for $1,200. The contract states that delivery is
to be made at the Murphy residence “on or before June 1, to be used
for daughter’s wedding reception on June 2.” Lone Star regularly
carries the champagne in stock. On June 1 Lone Star’s delivery van
is involved in an accident and the champagne is not delivered that
day. On the morning of June 2 Murphy discovers the non-delivery.
Unable to reach Lone Star by phone because its line is busy, Murphy
purchases the champagne from another dealer. That afternoon, just
before the wedding reception, Lone Star tenders delivery at
Murphy’s residence. Murphy refuses tender, and Lone Star sues for
breach of contract. Discuss fully the result.
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