Ready for a change from their accounting position at a downtown firm, Dana decides to move into the mountains to begin an exciting new chapter in their life.Dana opened a fishing shop because of a life-long passion inspired by their parent's love for the sport.Dana's shop operated smoothly, with loyal clients and a healthy working environment.Right after New Year's, Dana noticed they needed a new industrial freezer for bait and storage from live fishing tours they plan on offering soon.Equally important was that the new freezerhad to be in place by May 1 for the first day of the season. On February 1, Dana entered into a contract with Stevie to purchase a Bulldog5K freezer for $5,500 to be delivered no later than April 15. On February 15, Stevie called Dana and told them that they were having trouble procuring a Bulldog5K freezer. Dana reminded Stevie that meeting the April 15 deadline was imperative.

"I'll see what it is I can do a nd I will see what is possible for industrial freezers," Stevie responded in a somewhat doubtful tone. Concerned that Stevie might be unable to perform under the contract, Dana immediately sent them the following text: "I am worried that you will not deliver a Bulldog5K freezer by April 15. Please provide your supplier's guarantee that the unit will be available by our agreed upon deadline. I want to have plenty of time to set it up." Believing that Dana's worries were premature and exaggerated, and quite frankly not wanting to come up with a relationship between Dana and their supplier, potentially taking them out of the deal; as a result, Stevie did not respond to Dana's text.

When Stevie attempted to deliver a Bulldog5K freezer on April 16, Dana refused delivery. Dana had purchased a Bulldog5K freezer from another seller on April 14, paying $7,500, which included a $2,000 premium for one-day delivery by April 15. Is there a valid contract?If so, have Dana and/or Stevie breached the contract? If so, what damages might be recovered, if any, by each of them? Would there be any defenses present? Discuss."