The owner and operator of popular amusement park

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Reference no: EM133812600

Question

On February 1, the owner and operator of a popular amusement park, which featured numerous water slides, pools, and so on, entered into a written contract with a vendor whereby the vendor agreed to sell, and the owner-operator agreed to purchase, all of the owner-operator's monthly water chemical requirements during that year. The contract was identical to those entered into by them for each of the past seven years. Although the contracts in previous years made no provision for advance payment, the owner-operator had always paid on the first of each month the estimated cost of the owner-operator's orders for the coming month. On May 5, the owner-operator ordered 10,000 gallons of various chemicals, but had not made any advance payments for May. The vendor told the owner-operator that the vendor would make no deliveries without advance payment. The owner-operator, refusing to pay in advance, bought the chemicals elsewhere at a higher price and sued the vendor for the price difference.

What is the most likely outcome at trial?

Reference no: EM133812600

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