Question
Tom owns a clothing store that sells high end second hand clothing. He was having a hard time getting enough stock from consumers wanting to
Tom owns a clothing store that sells high end second hand clothing. He was having a hard time getting enough stock from consumers wanting to sell their clothes to him directly or selling them via consignment.Luckily, Tom found a wholesaler that dealt specifically with high end second hand clothing. The wholesaler and Tom agreed upon a price of $5 per pair of pants, $4 per shirt, $12 per suit jacket or blazer, $3 per tie, $5 per pair of shoes and $1 per pocket square. Tom was going to order the following:
100 pairs of pants for $500
100 shirts for $400
100 pocket squares for $100
100 pairs of shoes for $500
100 ties for $300
100 Jackets or Blazers for $1200
He was counting on this order to restock his shelves as his stock was running dangerously low.
For purposes of this question only, consider the additional facts. Tom really likes the quality of product and the price that the wholesaler can provide. Tom entered into an agreement with the wholesaler to purchase all of his additional clothing needs that his store cannot meet with customers walking in and selling it to Tom's store face to face.
Tom grew tired with having to deal with buying second hand clothing from people walking in; so he started to buy his entire inventory from the wholesaler.
At first the wholesaler loved it due to their new increase in volume of sales. When the wholesaler's business began to devote its entire efforts to Tom's store while taking away from any other relationships it had with other clients due to Tom's heavy demands at such a low price, things began to get tense. Eventually the wholesaler came to the conclusion that they had to put limits on what Tom was buying from them.
Tom sued the wholesaler for breach of contract because they failed to provide him with all of the clothing needs that his store had that was not met by the walk in sellers. Who will win this lawsuit and why?
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