Question

Nicole has a contract to buy fourteen cases of hammers from tyler. tyler breaches the contract. even though she can get similar hammers somewhere else, nicole wants to sell his hammers because she secretly likes his logo and thinks it will draw customers in to her store. if she sues for specific performance, will she win?

Answer 1

If she sues for specific performance, she won’t likely win because the hammers that she could buy from Tyler could be bought elsewhere even if she does not buy it on the store of Tyler’s. That is why she won’t win even if she sues him.