Question
In preparation for stocking his showroom, Craig called Alexis a distributor of boats on March 15, 2015 to order a Starcraft Superfisherman 186 boat. Alexis
In preparation for stocking his showroom, Craig called Alexis a distributor of boats on March 15, 2015 to order a Starcraft Superfisherman 186 boat. Alexis told Craig that the boat would cost $36,700 plus shipping. Craig told Alexis to ship the boat. The same day, Alexis confirmed the order in a fax to Craig that specified that a Starcraft Superfisherman 186 boat would be shipped to Craig for delivery on or before April 15, 2015, at a price of $36,700 plus shipping costs. Craig received the fax, but did not respond.
On April 1, 2015, Craig discovered he could buy a Starcraft Superfisherman 186 boat from Rebecca, another distributor for $35,000 which included shipping charges. He immediately called Alexis and cancelled the order for the boat. Two weeks later, Alexis, who had a large inventory of Starcraft Superfisherman 186 boats, sold the boat she had planned to deliver to Craig to Stuart, another customer for $36,700 plus shipping charges.
Alexis has started a lawsuit against Craig for breach of contract. Craig has answered raising the defense of the statute of frauds.
Is Alexis likely to succeed in her action against Craig? Why or Why not? If Alexis is successful what damages could she recover?
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