Question

Eagle Corporation solicited bids for various parts it uses in the manufacture of jet engines. Eagle received six offers and selected the offer of Sky Corporation. The written contract specified a price for 100,000 units, delivery on June 1 at Sky's plant, with payment on July 1.On June 1, Sky had completed a 200,000 unit run of parts similar to those under contract for Eagle and various other customers. Sky had not identified the parts to specific contracts. When Eagle's truck arrived to pick up the parts on June 1, Sky refused to deliver claiming the contract price was too low. Eagle was unable to cover in a reasonable time. Its production lines were in danger of shutdown because the parts were not delivered.Eagle would probablyA. Have as its only remedy the right of replevin.B. Have the right of replevin only if Eagle tendered the purchase price on June 1.C. Have as its only remedy the right to recover dollar damages.D. Have the right to obtain specific performance.

Answer 1

Answer:

The answer is: C) Have as its only remedy the right to recover dollar damages.

Explanation:

Since Sky breached its contract with Eagle, Eagle can sue Sky for money damages.  

They can not seek a writ of replevin since the 100,000 units included in the contract were not unique nor identified. They were part of a much larger production lot of 200,000 units intended for various customers.

They also can't seek to obtain specific performance due to the same reasons as before, the units were not specific nor identified and other customers also need them.