Question
On June 2, 2021 Emma signed a contract to purchase 35,000 gallons of ethanol from Korey for resale at her ethanol station. When Emma signed
On June 2, 2021 Emma signed a contract to purchase 35,000 gallons of ethanol from Korey for resale at her ethanol station. When Emma signed the contract, the ethanol was warehoused in a holding tank at Korey's production facility. The contract allowed for Emma to take delivery of the ethanol upon siging of the contract. Emma had no storage facility, and arranged to have the ethanol picked up from the holding tank on June 8,2021 and immediately transported to her retail ethanol station. On June 7, 2021, lightning strikes Korey's production facility and causes a major explosion that destroyed the holding tank and the ethanol. Korey bills Emma for the 35,000 gallons of ethanol. Emma refuses to pay because she never took delivery of the ethanol.
Korey seeks your advice about the strength of his claim against Emma. What advice would you give about the strength of his claim against Emma?
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