Thomas entered into a contract with Burns and Toole for the delivery of one thousand bales of cotton on the first day of each month for a period of twenty-four months, payment to be made in thirty days after delivery. Within ten months after the making of the contract burns and Toole retired from business and assigned all assets, including this contract, to Hopkins. Thomas, on the first day of the following month, refused to deliver to Hopkins the usual one thousand bales of cotton. The price of cotton was then higher than the contract price, and Hopkins sued Thomas.

Can he recover? Explain.