This section contains the nature of the case and procedural background.

P is a foreign limited liability company. Dr. Gillis, the principal of P, uses the aircraft he acquires for Jet Experts to perform organ transplant transportation services. In April of 2021, Dr. Gillis contracted with D to buy a 2012 Bombardier Challenger 300. The Aircraft was not new and was somewhat dilapidated. Based on a contract and promises by D, that his replacements and alterations, including two engines, would yield him a single superior product tailored to his professional needs when the purchase closed, the Dr. poured time, money, and effort into its renovation particularly adapted to his practice. D suddenly announced that the contract was terminated. They had found a higher bidder, to whom they could sell the aircraft at a substantially higher price. D claimed that Section 7.5.1 of the APA protects them from specific performance and or limits P’s damages to $100,000.

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