Question
The contract calls for Mary to deliver the sculpture to Mike's gallery in two weeks. Mike has already arranged to sell the sculpture to a
The contract calls for Mary to deliver the sculpture to Mike's gallery in two weeks. Mike has already arranged to sell the sculpture to a third party for $2,000 (a $1000 profit), but it must be available for the third party in two weeks, or the sale will not go through. Assume both parties are adults, and the contract is in writing. Mary knows this but does not deliver the sculpture at the time promised. Mike sues Mary for $1000 in damages. Mary claims that performance was impossible because her mother became seriously ill and required Mary's care. Who wins this lawsuit? EXPLAIN.
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