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In April, Kramer Heating and Air Conditioning received a written order from Johnson Manufacturing to deliver a Durafrost Air, Model 674, air conditioner to Johnson.
In April, Kramer Heating and Air Conditioning received a written order from Johnson Manufacturing to deliver a Durafrost Air, Model 674, air conditioner to Johnson. Kramer sold air conditioners in four different colors: white, cream, black and brown. Johnson's order specified that Johnson wanted a white one. Kramer did not communicate any response to Johnson; instead, Kramer decided to promptly ship an air conditioner. Kramer's inventory of "white" models was completely gone. So Kramer shipped a "cream" colored model instead. Johnson was somewhat angered and rejected the different model. Johnson then bought an air conditioner from a different supplier at a greater cost. Johnson sued Kramer to recover the extra amount that Johnson had to pay. Is Kramer liable? In other words, was there a contract and did Kramer breach it?
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