Question: Question 16: In March, Kramer Heating and Air Conditioning received a written order from Johnson Manufacturing to deliver a Durafrost Air, Model 674, air conditioner

Question 16:

In March, Kramer Heating and Air Conditioning received a written order from Johnson Manufacturing to deliver a Durafrost Air, Model 674, air conditioner to Johnson. The order form stated that the date for delivery was April 1. Kramer sold air conditioners in four different colors: white, cream, black and brown. Johnson's order specified that Johnson wanted a white one. Kramer did not communicate any response to Johnson; instead, Kramer decided to promptly ship an air conditioner. Kramer's inventory of "white" models was completely gone. So on March 31, Kramer delivered a "cream" colored model instead.

Johnson was somewhat angered and immediately phoned Kramer to tell Kramer that Johnson was rejecting the different model. In that same call, Kramer said he was sorry for delivering the wrong model, and suggested that Johnson try to buy from another vendor.

Johnson then bought an air conditioner from a different supplier at a greater cost. Johnson sued Kramer to recover the extra amount that Johnson had to pay. Is there a contract? If so, did Kramer breach it, and what is Johnson's remedy?

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