Who wins tropical novelties demands

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Q. Dorothy Hayes orders 100 pink plastic flamingos (for a total contract price of $500) from Tropical Novelties of Tampa, Inc. contract specifies delivery of flamingos to Dorothy's home in Poughkeepsie, New York on or before September 1. On evening of September 1, Amalgamated Package Service (A. P. S.) delivers five large boxes to Dorothy's home. With much anticipation, Dorothy tears open boxes, only to find 50 pink plastic flamingos, 50 short of specified contract quantity. Disappointed that Tropical Novelties did not satisfy its "part of bargain, "Dorothy decides to terminate contract. She calls Tropical Novelties, speaks with a sales representative, notifies seller that she is cancelling contract due to its non-performance also informs seller that she will be returning 50 flamingos by package delivery service following day. Tropical Novelties demands that she keep 50 flamingos, notifies her that they will ship remaining 50 following day also assures her that she will be held responsible for paying $500 contract price. Who wins? Why?

Reference no: EM1379986

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