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Walling Retail sent the following order to Pospisil Supply send us 1 0 0 blue hammers at $ 4 . 0 0 each. Pospisil Supply
Walling Retail sent the following order to Pospisil Supply "send us blue hammers at $ each." Pospisil Supply responded that they "would ship the hammers later that day." To Pospisil's dismay that afternoon they found that they only had blue hammers in stock so they shipped blue hammers and red hammer. They sent the blue hammers and red hammer and did not indicate that they were doing so only as an accommodation.
This is not a breach because they were trying to accomodate Walling Retail.
This is a counteroffer since this was a unilateral offer which can only be accepted by shipping.
This is a breach because they did not ship conforming goods.
This is not a breach as they substantially complied with the contract.
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