Question: Suffolk Construction entered into a contract with CertainTeed. CertainTeed was to provide its drywall products to Suffolk for a 7 5 - unit condo complex

Suffolk Construction entered into a contract with CertainTeed.

CertainTeed was to provide its drywall products to Suffolk for a

75 -

unit condo complex that Suffolk was building in Hudson, New Hampshire. At the beginning of the project, CertainTeed delivered half of the drywall needed for the project.

However, four months after the project started, CertainTeed lost all of its inventory in a tornado that leveled its manufacturing plant in Illinois.

CertainTeed contacted Suffolk to tell them that it would no longer supply the company with drywall and Consigli sued.

What is the likely outcome of their lawsuit?

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