On March 1st, a construction company and a contractor agreed…
On March 1st, a construction company and a contractor agreed in writing that the contractor would purchase a steam roller for $45,000. Three weeks before the deal was set to close, the contractor found a seller of essentially the same steam roller who was willing to sell it for $40,000. Thus, the contractor bought that steam roller and refused to pay the construction company. To offload the steam roller, the construction company, in a commercially reasonable manner and in good faith, set up a public auction for the steam roller, selling it for $35,000. On March 1st, the market price of the construction company’s steam roller was $42,000. If the construction company wins in court on a breach of contract claim against the contractor, what is the court likely to award the company?