Question
Vermont Pottery had a contract with Heidi's Homeware for twelve dozen dinnerware sets to be delivered in four equal installments. Vermont Pottery has made two
Vermont Pottery had a contract with Heidi's Homeware for twelve dozen dinnerware sets to be delivered in four equal installments. Vermont Pottery has made two deliveries, for which Heidi's Homeware has not yet paid. A third delivery is in transit on Rapid Lines, a common carrier. Vermont Pottery has learned that Heidi's Homeware is insolvent and that Heidi's Homeware already sold the dinnerware in the first shipment to customers who paid for the goods and took them home. What are Vermont Pottery's rights regarding the shipment that is still in Heidi's Homeware's possession?
- Vermont Pottery may sue Heidi's Homeware for the contract price.
- Vermont Pottery may replevin the goods within ten days of Heidi's Homeware's receiving them.
- Vermont Pottery may get a decree of specific performance against Heidi's Homeware.
- At its option, Vermont Pottery may sue or replevin the goods.
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