Kentucky Lumber and Millwork Company contracted to supply Rommell Company millwork for use in the construction of a school building. While the work was in progress, the Kentucky Lumber mill was destroyed by fire. For two months thereafter, Kentucky
Lumber and Millwork supplied Rommell with millwork purchased from a third party. Kentucky Lumber and Millwork did not wish to continue this plan and declared that the contract was ended. Rommell brought an action against Kentucky Lumber and Millwork to enforce the contract. How will the court decide?
Judgment will be for Rommell. The contract was to supply millwork without regard to where or by whom it was produced. This was confirmed by the conduct of the parties, because for two months the millwork of a third party had been supplied and accepted. Accordingly, the Kentucky Lumber and Millwork Company was not released from its contract because of the destruction of its mill.?
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