1. The City of Gotham contracted with Ace Paint Contractors for the repainting of a steel bridge. The contract called for the use of Nopeel paint, a particular brand. It was later discovered that Ace used another brand of paint. Can the manufacturers of Nopeel paint recover damages from Ace for the breach of contract? Explain.
2. Wozniak’s Apple Co. contracts to sell 100,000 bushels of apples to Trader Vic’s Grocery Store, Inc. at $5.00 per bushel. An unexpected fungus kills 90% of the year’s apple crop and the wholesale cost of apples rises to $50 per bushel. Explain in detail if Wozniak’s Apple Co. is bound to perform the contract.