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Jenny Contracted with Joey's Doughnuts to Cater Dessert for Her

Question 41

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Jenny contracted with Joey's Doughnuts to cater dessert for her wedding. Jenny wanted a "doughnut wall" full of a variety of her favorite doughnuts for her guests. Of the 40 high quality doughnuts Joey's baked, Jenny wanted a variety of 5 doughnuts. Upon delivery of the doughnuts, Jenny was shocked to find that only 4 of the 5 varieties were baked and on display. The 5th type of doughnut was mistakenly sold to another customer the day of the wedding. Two of the five doughnuts were her childhood favorites. Although Jenny was happy with the 4, she sued for breach of contract over the 5th missing doughnut variety. Does Jenny have a viable suit? Why or why not?

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