Question: Burt and Sally entered into a valid written contract for Burt to buy 1 , 0 0 0 bottles of 1 3 mg / ml
Burt and Sally entered into a valid written contract for Burt to buy bottles of
mgml eliquid from Sally. Eliquid was the fluid that fueled electronic cigarettes
ecigarettes The mgml measurement specified the amount of nicotine in the fluid.
Sally was a supplier of eliquid. Burt operated an ecigarettes store. The contract called
for delivery one month after the contract was signed and payment to be made at
delivery. Two weeks after the contract was signed, Sally delivered to Burt bottles
of eliquid. Burt noticed that bottles contained mgml eliquid, while the
remaining bottles contained mgml eliquid. Burt rejected the bottles of
mgml eliquid and accepted the rest.
The following day, the governor of the state in which Burt was located signed a law that
banned the sale and purchase of all ecigarettes, effective immediately. The
development of the law had been covered in the news.
Sally delivered to Burt bottles of mgml eliquid two weeks after the first
delivery. Burt rejected Sallys shipment and sought to return the first shipment of
bottles. Burt also refused to pay Sally.
Discuss. Assume that issues of warranties do not apply.
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