Question: Pooley Costumes & Caps LLC ( PC & C ) is a large props company formed in 1 9 5 7 , and
Pooley Costumes & Caps LLC PC & C is a large props company formed in and Fast Flags Corporation is a small, local flag manufacturer formed in These two businesses never had any dealings with each other until they recently entered into a contract, with terms all drafted by PC & C The contract provides that PC & C shall purchase flags that Fast Flags will specially design for PC & C The contract further provides that PC & C has the right to initiate, on a weekly basis, purchase orders of up to flags until the contract's total number of flag purchases flags has been reached. Also, the contract includes a clause stating that PC & C can cancel its obligation to pay for the remaining flags at any time if any Fast Flags shipment does not arrive on the exact day as stated in a particular purchase order; this last provision is included in the contract even though time was of little importance to PC & C
The first shipment of flags arrives a day late, and PC & C decides to cancel the entire remainder of flags due, leaving Fast Flags with flags displaying a PC & C logo Fast Flags does not have a secondary market in which to sell these flags and decides to offer these flags to PC & at of the initial price. What is Fast Flags' best claim to enforce the original contract?
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