Ace Equipment Co, Inc. v. Aqua Chem, Inc.

20 U.C.C. Rep. Serv. 392 (1975)

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Nature of the Case

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Facts

P's written offer to purchase a used 6000 KVA General Electric Transformer was accepted in writing by D for the price of $1,800. The transformer was loaded on board a truck supplied by P, intending to deliver it to one Frank Lunney with whom P had an agreement to sell it for the price of $7,500. D refused to allow the truck to leave and D has retained possession of the transformer since that time. P sued D seeking specific performance. P alleges that it is obligated to perform its contract to Lunney and has not only lost the benefit of the sale but is subject to consequential damages as a result of the failure to perform. D claims that P has a complete and totally adequate remedy at law and cannot bring an action in equity.