Kincaid, a wholesaler, delivered a quantity of tomatoes to a cannery pursuant to a contract whereby the Blackburn Company, owner of the cannery, promised to can the tomatoes in accordance with certain specifications. The company promised to complete the work, and to pack and ship the canned tomatoes to the buyer’s address by August 12. On August 12, Kincaid’s tomatoes had not yet been canned. That night, a fire broke out and consumed the cannery. Kincaid’s tomatoes were destroyed by the fire. The fire was not attributable to negligence on the part of the Blackburn Company. The company carried no insurance on the cannery and refused to pay Kincaid for his loss. Kincaid sued for breach of contract to recover from Blackburn Company the value of the tomatoes. Will Kincaid succeed?
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