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National Drilling Company ships its only pump to American Hydraulics Corporation, the manufacturer, for repair. National hires Overland Transport, Inc., to take the pump to

  1. National Drilling Company ships its only pump to American Hydraulics Corporation, the manufacturer, for repair. National hires Overland Transport, Inc., to take the pump to American Hydraulics and to return it to National as soon as possible. National is forced to suspend operations without a pump, but Overland does not know this. National expects to be without the pump for five days and to lose profits of $1,000 per day. When the pump is not returned by the end of the fifth day, National rents a pump at a cost of $100 per day. Overland delays five more days before returning the pump. National files a suit against Overland, asking for compensatory, consequential, and punitive damages. Discuss and explain the likelihood of National recovering each type of damages.
  2. General Equity Corp. enters into a written contract with Honi, who agrees to make an original artwork for display in General's main office building. Honi delays and eventually refuses to perform. Meanwhile, General enters into a written contract to sell the building to Ideal Investments, Inc., but before the transaction is complete, a third party offers to pay a higher price. General refuses to transfer the building to Ideal because General wants to sell for a higher price to the other party.

a. In a suit by General against Honi in which General seeks specific performance, who should the court rule for and why? Explain your answer.

b. In a suit by Ideal against General in which Ideal seeks specific performance, who should the court rule for and why? Explain your answer.

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