Another real case. A former business law student, who did not attend all the classes or do all the readings, was the eldest son of Ma and Pa farmers. This farm had the distinction of being the largest cacti growers East of the Mississippi. The farm was located in Maryland. The farm had been in the family since around 1848. He realized that times had changed and there was a limited market for cacti. Something had to be done.
This young man decided to get into the landscaping business. He also decided to pursue a federal contract to provide tulips to the National Park Service to be planted at the various monuments throughout Washington, DC. The National Park Service was extremely precise in what it wanted per the terms of the contract. NPS wanted a specific type of red tulip, nine inches tall to be planted by April 1 of this particular year.
The former student ordered the specific red tulips from a wholesaler in Missouri. The wholesaler accepted the order. Within a day, the wholesaler sent a telegram indicating that he could not provide the ordered red tulips but he could accommodate by sending orange tulips. The former student through the telegram unopened on a pile of unopened mail (you should always open your mail). Around March 1 the tulips arrived in Maryland. They were 6 inches tall.
The former student put them in the greenhouse. They had not yet bloomed. Prior to April 1, he and his workers planted the tulips. The NPS pointed out that the tulips were only 6 inches tall. The former student said relax they will grow in a few days. They did not because they had been treated with a chemical to retard the growth. He called the wholesaler who said don't you know that you had to treat the tulips with a chemical to make them grow. He did. The tulips bloomed within days a bright orange. What recourse did the NPS have? What do you think happened to the former student and his contract with the NPS? What standard was the former student held to under this contract?
The student should have read the mail and rejected the orange tulips in the first place as this was to the terms. They complained and advised that the contract had been breached. Sue for breach of contract. The remedies are; award of damages and specific performance. I think the NPs sued for breach of contract and were awarded damages since specific performance was not possible as 1st April had already past.