Question

Saul, a cotton merchant, had 50 bales of cotton in his warehouse. Brown, a prospective buyer, inspected the bales in the warehouse, and entered into a signed written contract with Saul to buy the bales at a price of $1,000 per bale. Delivery was to be made by Saul to Brown’s factory in two weeks. Two days before the delivery date, Saul’s warehouse and the cotton that Brown had inspected were destroyed by fire caused by lightning. Brown demanded that Saul deliver another 50 bales of similar grade cotton. Upon Saul’s refusal, Brown sued Saul for breach of contract. Judgment for whom? Explain.

Answer 1