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Commercial Law Keyed to Lopucki
Firwood Mfg. Co. v. General Tire
Facts
Plaintiff and Defendant entered into a contract for the sale of fifty-five post-cure inflators. Defendant was unable to purchase thirty-three of the post-cure inflators. Plaintiff looked for alternative buyers. In the meanwhile, Plaintiff filled some of its ongoing orders for spare parts with parts that already had been installed in the thirty-three post-cure inflators intended for Defendant. Although the parts were specially made for Defendant’s contract, they were fungible parts regularly sold in Plaintiff’s spare parts business. Three years passed before Plaintiff was able to sell the thirty-three post-cure inflators. They were sold at a price below the contract price.
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