Vernon decided to sell his business building, land, and capital so he could relocate his fitness facility to a more progressive area of the large city in which he operated. In order to get things done quickly, Vernon decided to have the building and assets which consisted of a stools, gym equipment, benches, smoothie machines, laundry appliances, music equipment, tables, chairs, etc. sold at a four day on line auction with the proceeds to be deposited in the business bank account. Vernon expected that the gross sales would be approximately $ 1 M. He wrote up a contract and both he and Adam, who was the auctioneer, agreed to the terms. Vernon was to get the first $450,000, Adam was to get the next $100,000 as commission, and anything above that was to be sold at 2% commission for Adam. Adam was to pay Vernon for the daily sales each following day. After two consecutive sale days, Adam told Vernon that he did not like the arrangement anymore and so, had not made any deposits from the proceeds of what had sold which had amounted to $500,000. Vernon next day, (on the third day) refused to let Adam and any of his auctioneer employees back on his fitness property to complete the auction. Adam sued Vernon for breaching the contract. Vernon then countersued Adam for breaching the contract.

1. Who breached the contract between Adam and Vernon?
2. Explain with arguments for each side.
3. If the contract was not breached is the enforceable or discharged? Explain why.
4. What is the likely remedy of the case?