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utilized either of these remedies, the buyer has no further rights against the seller. [U.C.C. § 2-613(b) (1951).]
3. Casualty Defined Casualty means physical damage or destruction to the goods, as well as theft. Mere decline in value due to market conditions is no casualty. [2 Hawkland UCC Series § 2-613:1, Westlaw (database updated June 2021).] 4. Whether the Contract Requires Identified Goods for Its Performance To say that the contract requires identified goods for its performance means that the identified goods, and no other goods, are the very goods to be delivered. One example, though not the only example, arises if the goods are unique and, therefore, irreplaceable. Perhaps more commonly, the agreement and the parties’ conduct will manifest a meeting of the minds as to the specific goods designated as those to which the contract refers. Those goods, and no others, must be the goods delivered, or else the seller is in breach of contract. Thus, § 2-613 does not apply at all if (1) either party can point out other goods that can be delivered instead of the identified goods and (2) substituting those other goods would not amount to a breach of contract. Usually, then, § 2-613 will not apply to a normal sale of garden-variety goods. [ See Emery v. Weed , 494 A.2d 438 (Pa. Super. Ct. 1985); 2 Hawkland UCC Series § 2-613:1, Westlaw (database updated June 2021).] Example : A buyer contracted to purchase a 1978 Chevrolet Pacer Corvette from a dealer. The dealer had several Pacer Corvettes that were very similar to one another. But the agreement listed the serial number of the specific Pacer that the buyer wanted. After the agreement was signed, the dealer moved that Pacer off the showroom floor and placed it in a separate room under lock and key, pending full payment by the buyer. On similar facts, a state appellate court held that the Pacer was identified to the contract when the contract was made and that the contract required that specific Pacer for its performance. The agreement listed the car’s unique serial number, and the dealer segregated the Pacer from the others. These facts indicate a meeting of the minds that this Pacer, and no other, was required in the contract. [ See Emery v. Weed , 494 A.2d 438 (Pa. Super. Ct. 1985).] Compare : A farmer contracted to deliver 25,000 tons of grain to a grain elevator. The contract did not require that the farmer grow the grain himself, nor that the grain come from a specific field or other location. It merely stated that the farmer was to deliver the required tonnage of grain on a specific date. The farmer failed to deliver the required tonnage due to an unusually hot, dry
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