Elin contracts to buy six cases of vintage Fertile Valley wine
Elin contracts to buy six cases of vintage Fertile Valley wine from
Grapes & Vines Winery for $1,200. The contract states that delivery is to be made at Elin’s residence “on or before May 1, to be used for daughter’s wedding reception on May 2.” On May 1, Grapes & Vines’s delivery van is involved in an accident, and no wine is delivered that day. On the morning of May 2, Elin buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Elin’s residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract. How is the court most likely to rule?