John owns a cranberry farm. Each year, he requires the use of specialized harvesting equipment to flood

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Question:

John owns a cranberry farm. Each year, he requires the use of specialized harvesting equipment to flood the fields for the cranberry harvest. He rents the harvesting equipment from Harvest Co. for approximately 3 months each year at harvest time, which is approximately from mid-September to mid-November. John must harvest all the cranberry during this time frame in order to meet his customer orders for the year, which must all be fulfilled by December 15 of each year. It is imperative that the equipment arrive at his farm by September 13, 2021 and no later; later arrival could mean that John will miss customer orders and lose significant revenues. Harvest Co. is aware of John's commitments and has worked with him for over ten years.

John enters into a contract with Harvest Co. for the equipment rental for the fall 2021 harvest season (the "Contract"). The Contract has the relevant terms:

1. Harvest Co. will deliver the harvesting equipment listed in Schedule A (the "Equipment") to John's farm by no later than 5:00pm on September 13, 2021. *assume Schedule A includes everything John needs.

2. John's equipment rental will come to an end on November 15, 2021. Harvest Co. will pick up the equipment that day from the farm.

3. John will pay Harvest Co. a weekly rental fee of $1,200 every week for the Equipment while it is at the farm. Payment of the fee shall be made on Mondays, commencing on September 13, 2021 until the end of the rental term.

At the end of day approximately 10:00pm, September 13, 2021, Harvest Co. has not delivered the Equipment to the farm and John is unable to get a hold of the company. John cannot miss a full day of harvesting. He wakes up on September 14, 2021, and orders the equipment from another company and leaves Harvest Co. a voicemail stating that they breached the Contract and that he is terminating the Contract and will sue them for any lost revenues he suffers as a result of their breach. The new rental costs him approximately $5,000 more than the Contract with Harvest Co. over the entire harvest season, but arrives on September 14, 2021, keeping John right on track for customer orders.

A. Has John acted lawfully in terminating the Contract?

B.If yes, what kind of remedies could he seek?