Dubrow, a widower, was engaged to be married. In October, he placed a large order with a furniture store for delivery the following January. The order included rugs cut to special sizes for the prospective couple’s new house and many pieces of furniture for various rooms in the house. One week later, Dubrow died. When the order was delivered, his only heir, his daughter, refused to take the furniture and carpeting. The furniture store then sued the estate to recover the full purchase price. It had not tried to resell the furniture and carpeting to anyone else.
What are the remedies available to a seller when a buyer breaches the contract?
Which remedy should the furniture store pursue here? Are they likely to win? Explain the factors that went into your decision.
What if Dubrow had not died, but rather the furniture store delivered the rugs cut to the wrong size? What would Dubrow’s (the buyer’s) remedies be in this situation?