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2 . The Perfection Produce Company entered into a written contract with Hiram Hodges for the purchase of 2 0 0 tons of potatoes to
The Perfection Produce Company entered into a written contract with Hiram Hodges for the purchase
of tons of potatoes to be grown on Hodges farm in Maine at a stipulated price per ton. Although
the land would ordinarily produce tons and the planting and cultivation were properly done,
Hodges was able to deliver only tons because an unprecedented drought caused a partial crop
failure. Hodges sued the produce company to recover an unpaid balance of the agreed price for
tons of potatoes. The produce company counterclaimed against Hodges for his failure to deliver the
additional tons. Who will win? Why?
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