Brackman asks you if the firm has a defense to payment. Brackman calls Cards to cancel the order. Saying that Brackman has a moral obligation not to be a dirty contract breaker, Cards insists that Brackman take the cards as ordered. Brackman asks you what, if anything, the firm has to pay. Brackman wants to put some teeth into Cards promise to deliver by December 1.
Cards is unable to perform because of a strike.
Brackman asks you whether Cards is in breach. On November 15, McKenzie Brackman receives a letter from Cards informing him that the firm should send payment for the cards to the American Cancer Society. Brackman refuses to do so and pays Cards. The American Cancer Society demands payment from the firm. Brackman asks you whether the firm must pay the Cancer Society and if so, whether it may recover from Cards.