Henry and Mary entered into a written contract whereby Henry agreed to sell and Mary agreed to buy a certain automobile for $8,500. Henry drove the car to Mary’s residence and properly parked it on the street in front of Mary’s house, where he tendered it to Mary and requested payment of the price.

Mary refused to take the car or pay the price. Henry informed Mary that he would hold her to the contract, but before Henry had time to enter the car and drive it away, a fire truck, answering a fire alarm and traveling at a high speed, crashed into the car and demolished it. Henry brings an action against Mary to recover the price of the car. Who is entitled to judgment?

Would there be any difference in result if Henry were a dealer in automobiles? Explain.