Hale “Billy” Hatfield is an avid banjo player and bluegrass aficionado. Billy wants to purchase a new banjo for his appearance at the local “Bluegrass in the Park” festival scheduled for August 15.
On June 1, Billy orders a “Timber Rattler” brand banjo from Cates Banjo Company of Mountain View, West Virginia. The “Timber Rattler” is custom-made, and the contract specifies a purchase price of $4,000. The contract indicates a delivery date of August 10, allowing ample time for production of the banjo, and enough time for Billy to make his “gig.”
August 10 “comes and goes,” and Cates Banjo fails to deliver the instrument. When Billy contacts the owner of Cates Banjo, Richmond Cates, he learns that non-delivery was due to a month-long backlog of orders. Billy knows that he can ill-afford to wait for his “Timber Rattler,” and he cancels his contract, regrettably, with Cates Banjo.
On August 12, Billy orders a pre-produced banjo from Babson Instruments, Inc., at a contract price of $6,000. By rush delivery, the Babson banjo arrives at Billy’s home on August 14, and he is able to make the “Bluegrass in the Park” festival with banjo “in hand.” By Billy’s estimation, the Babson instrument is no true substitute for the “Timber Rattler,” but he is willing to keep it, and is reasonably satisfied with it.
Billy’s neighbor is an attorney. Billy shares the above facts with his lawyer/neighbor, and asks him if he will take the case, suing Cates Banjo for $2,000 (the difference between the price of the Cates banjo, and the price of the Babson banjo,) plus associated expenses of litigation.
Should the attorney take the case? Will Billy win?