Factual Scenario & Discussion Question
John is a home builder and contractor and builds large subdivisions. He is suing one of his suppliers (hereafter “Supplier”) for breach of contract. The contract required Supplier to deliver wood beams three times a week for 6 months in connection with the construction of the subdivision. Supplier only delivered for one month and stopped. John was able to get a replacement supplier, but the additional cost was $50,000. As a result, John decided to sue Supplier for the $50,000. The complaint and the answer have been filed and they are in the middle of discovery. John’s attorney has three remaining areas he would like to investigate. These are (1) to review a copy of the supplier’s shipping records because he believes the supplier was selling the wood beams to a competitor for more money, (2) to preserve the testimony of the owner of a lumber company that provides the wood to the supplier (the owner of the lumber company will not be available for trial), and (3) get the supplier to admit before trial that he stopped shipping the wood beams to John.
In your initial post: (1) Fully explain the types of discovery methods you would use to obtain the needed information; and (2) when you list the discovery method fully explain how it will obtain the information being sought.
