Jordan Systems, Inc., a construction subcontractor, contracted to purchase custom-made windows from Windows, Inc., a fabricator and seller of windows located in South Dakota. The purchase contract provided: "All windows to be shipped properly crated/packaged/boxed suitable for cross country motor freight transit and delivered to New York City."
Windows, Inc., constructed the windows and arranged to have them shipped to Jordan by a common carrier, Consolidated Freightways Corp. During the course of shipment, however, approximately two-thirds of the windows were damaged as a result of "load shift." The damage resulted from the windows being improperly loaded on the truck by Consolidated's employees.
Jordan sued Windows to recover incidental and consequential damages based on Windows' alleged breach of contract. How should the court rule on this claim?