ROYAL JONES & ASSOCIATES, INC. V. FIRST THERMAL SYSTEMS, INC.
566 So.2d 853 (1990)
NATURE OF THE CASE: Royal (D) sought review of a final judgment that found it breached a
contract with First (P) and awarded damages to P in the amount of the contract price.
FACTS: D ordered three steel rendering tanks from P for use in its business of
constructing rendering plants. The price was $64,350. D failed to appear at P's plant to
take delivery of the tanks, refused to accept shipment of the tanks, and refused to pay the
contract price. P sued D for breach. The court found that D had breached the contract, and
that the only testimony before it was that the goods were specially manufactured for D and
were not suitable for sale in the ordinary course of P's business. The court entered
judgment for P under 2-709 for $64,350, interest to the date of trial in the amount of
$8,630.56, and attorney's fees and costs in the amount of $3,528.07. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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