Question
Wood Supply Inc. had a contract with Harry to sell Harry the wood he needed to build a garage for $4,000. The contract stated that
Wood Supply Inc. had a contract with Harry to sell Harry the wood he needed to build a garage for $4,000. The contract stated that the wood is to be delivered to Harry on February 1st. But on February 1, Plywood Inc telephoned Harry and said they would not be able to sell him any wood.
Harry did not immediately look for other suppliers who would sell him wood.
But on April 1stHarry bought the wood he needed from Home Builders for $5,000.
But if Harry had purchased the wood from another seller during the month of February he would have paid only $4,500.
Harry now wants Wood Supply Inc to pay him $1,000 to cover the additional cost of the wood he purchased from Home Builders.
Is Harry entitled to damages of $1,000 or should he havemitigatedhis losses? Why/Why not?
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