North Carolina Court of Appeals
403 S.E.2d 555 (1991)
Daniel Martin and John Duke (Martin) (plaintiffs) contracted to purchase a printer from J & S Distributors and Jeff Sheffer (Sheffer) (defendant). Martin paid a down payment of half the purchase price. Sheffer delivered the printer five days late, and Martin refused to accept the printer. Martin sued Sheffer for refund of the down payment. Sheffer counterclaimed for breach of contract and sought specific performance. The contract contained a provision requiring specific performance in the event of Martin’s breach. The contract also allowed for late delivery. The trial court entered judgment in favor of Sheffer and ordered specific performance of the contract. Martin appealed. Martin argued that the remedy should have been governed by Uniform Commercial Code (UCC) § 2-708 and, therefore, limited to just making Martin pay Sheffer’s lost profits.
Rule of Law
Holding and Reasoning (Lewis, J.)
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