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Q Gagne made a good living selling snacks, hamburgers, and refreshments at athletic events. He placed a order with Pacific Container Co. for 4,000 Styrofoam containers to be used to package hamburgers. Gagne requested that delivery be made three days before the last big football game of the season, and Pacific promised to meet the date. Two days before the game, the order still had not been delivered. In desperation, Gagne ordered 4,000 similar containers from another firm. When the original order arrived, Gagne refused to accept delivery or to pay for it. Pacific Container sued to collect the purchase price. Is Pacific likely to collect?

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In this case, Gagne being the buyer of the containers has every right to specific performance of the contract in accordance with the date and time of delivery of the containers as had been requested and mutually agreed upon by Gagne as well as by Pacific Container Co. The formation of the sales contract had been completed after the request for the date of delivery had been made to be three days before the last big football game of the season. If Pacific Container Co. had any problems or issues to deliver the desired containers by Gagne within the desired and specified date by Gagne, then Pacific Container Co. should have told the same to Gagne immediately during the time of the formation and the discussion of the terms and conditions of the contract.