Legal Question in Business Law in New York

Facts:
Seller offers to Buyer to sell an air conditioner ($80). Buyer agrees with the price and says that he will pick it up later at night. Later in the afternoon, he informs the Buyer that he will not be able to pick up the air conditioner later at night but can he pick it up the following day in the morning. Seller tells him no problem.
Later at night Seller receives a better offer from another person (Marie) who is willing to pay him a $100. If Seller sells the air conditioner to Marie and the original buyer sues the seller for breach of contract (because he did not hold off on selling the air conditioner until the morning) will the original buyer prevail?

Asked on 8/16/10, 6:22 pm

Michael Markowitz Michael A. Markowitz, PC

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Yes, upon mitigation of damages.

Mike.

Answered on 8/23/10, 5:37 am

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