1). Wimble ordered 1,000 pro-quality luminescent orange tennis balls from Sports Unlimited at a cost of $8,000. On June 1, Sports Unlimited shipped standard white tennis balls, but Wimble rejected them. Wimble bought the same number of pro-quality luminescent orange balls from another supplier the same day for $9.000.
In a suit against Sports Unlimited for breach of contract, what approximate dollar amount of damages will Wimble recover and why?
2). Carl lives in Portland, Maine and contracted with Acme Furnaces Co. for the purchase and installation of a new furnace in his home. Carl selected the furnace he wanted, accepting no suggestions from Acme’s heating specialist. The furnace operated fine, but it did not heat the entire house. The size of the blower on the furnace was not sufficient to propel hot air to the third floor. Carl sued Acme for breach of the implied warranties of merchantability and fitness for a particular purpose.
a). What will the result be? Will Carl or Acme win? Why?
b). Does it matter if Carl is buying the furnace for his home or his business?