Question
Read facts of the case and explain whether you think our client has a strong case for breach of contract and why: FACTS Robert Guillam
Read facts of the case and explain whether you think our client has a strong case for breach of contract and why:
FACTS
Robert Guillam and James Safely were both employees of Major Cigar, a cigar distribution and manufacturing company. Although Guillam moved on to become CEO of Major Cigar and Safely left the company to open his own cigar and pipe shop in Denver, CO, the two have kept in touch over the years. Both men were at the Retail Tobacco Dealers of America trade show in New Orleans when they engaged in conversation with Bennett Gordon, former CEO of Major Cigars and current U.S. Trade Department Employee. Gordon, under the influence of alcohol, imformed Guillam and Safely that the President will be recommending to Congress that the embargo on Cuban products should be lifted.
Safely was left for England the following day. Guillam sent Safely an e-mail saying, "Buy some Cuban cigars for me overseas if you canany size, any maker. I can take up to 1000 boxes. I'll then pay you your cost plus a nice profit for them," which Safely read but did not respond to. Safely purchased the 1000 boxes of Cuban cigars, and returned to the United States one day after the President announced his recommendation of the embargo being lifted. Upon his return, Safely called Guillam who asked him whether he purchased cigars. Safely told Guillam that he bought 1000 boxes of Cuban cigars for $460,000. Guillam responded by stating that he accepts the cigars and will send Safely a money order for $480,000, which is what he paid for the cigars plus $20,000 profit.
Safely refused to accept $480,000 for the cigars, claiming that they are worth far more than that with the embargo lifted.Guillam responds by claiming that the cigars are already his, being that he asked Safely to purchase them. Safely insists that they are not Guillam's cigars. He ignores any further phone calls from Guillam.
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