1 . Dorothy Hayes orders 190 pink plastic flamingos for a total contract pric Novelties of Tampa , inc . The contract specifies delivery of the flamingos to Poughkeepsie , New York on or before September 1 . On the evening of sep Package Service A . P . 5 . delivers five large boxes to Dorothy's home . With tears open the boxes only to find 50 pink plastic flamingos , 50 short of the Disappointed that Tropical Novelties did not satisfy its part of the bargain terminate the contract . She calls Tropical Novelties speaks with a sales rep that she is canceling the contract due to its non - performance and informs returning the 50 flamingos by package delivery service the following day . I that she keep the 50 flamingos notifies her that they will ship the remainin as her that she will be held res ible for having the $500 contract