Question
Case Scenario Bravo Bellissimo is an up-and-coming tenor who has sung in several opera productions in smaller cities. His opportunity to break into the big
Case Scenario Bravo Bellissimo is an up-and-coming tenor who has sung in several opera productions in smaller cities. His opportunity to break into the big time came in July of this year, when he was offered a leading role in an opera to be performed on October 1 at the Megalopolitan Opera House, a famed world-class venue in a major city. On July 10, Bravo and Megalopolitan entered into a contract under which Bravo agreed to sing in Megalopolitan's October 1 opera performance for a fee of $100,000. At the end of July, Molto Magnifico, a celebrated tenor, suddenly became available to sing the lead role in Megalopolitan's October 1 opera performance. Megalopolitan decided that it could not pass up this opportunity so it hired Molto for the part. As a result, Megalopolitan no longer had any use for Bravo's services, so it sold his contract to the Upstate Opera Company, which operates in a smaller city and was, coincidentally, planning a performance of the same opera on the same night. Upstate wrote to Bravo, notifying him that it had bought the right to his performance for October 1. Bravo objected, denying that Megalopolitan had the right to sell his performance, refusing to perform for Upstate, and demanding that Megalopolitan honor its obligation to cast him in the opera performance specified in the contract. Megalopolitan rejected this demand and warned Bravo that his failure to perform for Upstate would be a breach of contract. Was Megalopolitan entitled to sell Bravo's contract to Upstate, and is it correct in claiming that Bravo would be in breach of contract if he fails to perform for Upstate?
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