George Dundee owns and operates a warehouse-distribution center His business is incorporated under T

George Dundee owns and operates a warehouse-distribution center His business is incorporated under Texas state law under the name of Dundee Corporation and is located in and operated from Houston, Texas Dundee has a contract to deliver several tractor-trailer loads of specialty restoration quality hardware supplies to Lindenwood Homebuilders in St Charles by November 15, 2017 Houston experienced major flooding in September 2017 Although Dundee’s warehouse was not damaged in the flooding that affected large portions of Houston, many of his employees and their families lost their homes in the flooding Dundee’s home was also damaged in the flood On October 15, 2017, Dundee called Lindenwood Homebuilders and told them he would not be able to deliver the specialty hardware due to the flooding in Houston Lindenwood told Dundee that it needed the specialty hardware to fulfill its requirements on numerous contracts Lindenwood had to build custom homes Lindenwood refused to release Dundee from his contractual obligations When Dundee failed to deliver the specialty hardware a required under its contract, Lindenwood sued Dundee for breach of contract in the Circuit Court for St Charles County Missouri Lindenwood argues that Dundee’s distribution warehouse was operational and Dundee could have delivered the hardware Dundee argues that the situation in Houston was desperate, and Lindenwood could have tried to locate other suppliers to meet its specialty restoration hardware needs Dundee also files a motion to dismiss for lack of personal jurisdiction The case is tried before you in the Circuit Court of St Charles County How would you decide the case? Explain your answer

 

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