Question
1. Brandon enters into a contract with Sari whereby Sari agrees to ship 1,000 square yards of silk from India aboard the S.S. Freedom when
1. Brandon enters into a contract with Sari whereby Sari agrees to ship 1,000 square yards of silk from India aboard the S.S. Freedom when the ship next sails. Unbeknownst to the parties at the time of entering into the contract, there are two S.S. Freedoms that sail from India to U.S. ports; the first sails in January and the second in March. Brandon meant for the goods to be shipped via the S.S. Freedom that sails in January, but Sari agreed to the contract based on the March sailing date of the S.S. Freedom she knew about. When the goods do not arrive at the end of January as expected, Brandon sues Sari for breach of contract. You are the judge. What result?
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