$10$ Points Extra Credit

IRAC Contract DUE in Class $6$ PM $$ September $10,2024.$

Diamondstar Ent. Holdings, LLC v$.$ THH$,$ LLC $(2022)641$ F$.$ Supp. $3$d $849$

In mid$-2020,$ during the height of the COVID$-19$ pandemic, Diamondstar Entertainment Holdings, LLC $("$Plaintiff$")$ purchased disinfectant wipes from THH$,$ LLC $("$THH$"),$ which Plaintiff planned to resell to its own customers. Plaintiff claims that the wipes were unusable, and it brings claims for breach of contract.

Pursuant to the contract between Plaintiff and Defendant THH$,$ the $10,016$ containers of wipes were to be shipped to Ft$.$ Lauderdale, Florida, on May $27$ or May $28,2020,$ in care of Plaintiff, for its customers. They were shipped to a warehouse in Florida that was operated by a warehouse and distribution company called J$.$M$.$ Field.

Once the wipes were delivered, Plaintiff discovered, through its customers, that several of the $10,016$ cases of wipes received from Defendants contained mold and were unusable. Plaintiff requested a full refund of the entire shipment. Defendants refused to respond to Plaintiff's demands to rescind the agreement and return the $$42,568$ paid by Plaintiff for the $10,016$ cases of Outlaw Brand Disinfectant Wipes. Does the Plaintiff have a valid cause of action for breach of contract against Defendant?