On June 1, Dale enters into a contract to buy Doug's house. The contract requires closing at the office of Dale's attorney, Chris, at 10:00 a.m. on July 1. At the closing, Dale must give Doug a bank check for the purchase price and Doug must give Dale a deed to the property. On June 10, Dale loses his job. That evening, he calls Doug and tells him the bad news. During the conversation he says "Doug, I'm really sorry, but right now the odds are poor that I'll be able to close the deal." Doug is so furious that he slams down the receiver. Neither Doug nor Dale show up at Chris's office on July 1. If Doug later sues Dale: