Springfield TV Sets Company, Inc., (Springfield) contracts to deliver one hundred (100) 52-inch plasma high-definition television sets to a new retail customer, King Toot's Music & TV Store, LLC. (King Toot) on May 1, with payment of$300 per setto be made upon delivery on May 5th. The written contract does not specify a method of payment.

Springfield TV tenders delivery on May 5 in its own delivery truck. King Toot's manager, Jeremy Freedman, notices that some of the delivery cartons have scrape marks on the top and sides of them. Jeremy, in his squeaky voice, notifies Springfield's delivery crew about the scape marks and the crew's leader calls Springfield's main office and asks whether the sets in the cartons with scrape marks may have been damaged as they were being loaded on Springville's truck for delivery. Springville's representative, Marge Simpson, assures the delivery crew leader that the scraped cartons mean nothing and that the sets are in perfect condition. The delivery crew leader communicates this to Jeremy Freedman.

Freedman then tenders a King Toot business account check in the sum of $30,000 to the delivery crew leader. However, the crew leader refuses to accept it, claiming that the first delivery to new customers of Springfield is always paid in cash. Freedman, on behalf of King Toot, promises to pay in cash within two (2) days. The crew leader calls the main office and is authorized to give King Toot two days to pay in cash. The driver leaves the sets with King Toot.

King Toot leaves the sets in its storeroom in the back of the store pending its "Grand Opening Sale" on May 10th. On May 9, King Toot's stocker, Bart Simpson, opens some of the cartons and discovers that 30 sets in the scraped cartons have cracked screens and are damaged beyond repair.

King Toot files a lawsuit claiming breach of contract. Springfield countersues claiming that King Toot accepted the TV sets upon is in breach by not paying upon such delivery.

1. Will Springfield succeed in its counterclaim against King Toot for breach of contract? Explain your answer.
2. In what Florida court would King Toot file its breach of contract action? Explain.