Richard wrote:
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I agree with you.
The contract was for a used radio at $425. It was a breach of contract to
supply anything else. In the UK at least, the seller would be obliged to
arrange for pick-up if the buyer did not want to go thru the hassle of
sending back. And I guess that the buyer could refuse to pay. Buyer
could pay the $50 if he wanted to for the new radio, but would not be
obliged to I'm sure. Different for goods that cannot be exactly
ascertained, like grain from a large pile. Here, it's not unreasonable
that the order may be above or below the ordered amount, and payment
would be according to what is actually received.
$479.
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