intellectual property rights.
Ellen 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 Ellens residence
“on or before May 1, to be used for daughter’s wedding reception on May 2.” On May
1, Grapes & Viness delivery van is involved in an accident, no wine is delivered that
day, and no one from Grapes & Vines tells Ellen. On the morning of May 2, Ellen buys
the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes &
Vines tenders delivery of the wine at Ellens residence. She refuses tender. Grapes &
Vines sues her for breach of contract. How is the court most likely to rule?