Bill and mary sign a contract where bill is going to deliver 400 pairs of shoes to mary's warehouse by noon on tuesday. the contract states that the shoes will come on 4 wooden pallets. bill knows that the shoes will come on 4 metal pallets. mary's warehouse is full of goods on both wooden and metal pallets. mary decides she does not want the shoes and sues bill as a means to rescind the contract based on fraudulent misrepresentation. what is the outcome?

These two phrases "Bill and mary sign a contract.." and "the contract states that the shoes will come on 4 wooden pallets..." sums it up. No more arguements. The case is over. This is a breach of contract i. e one party has broken the terms of the agreement. Since she does not want the shoes and has sued bill on fraudulent misrepresentation. She'll certainly win. Bill agrees to one thing and now he couldn't meet up to the terms of the agreement. Suing for fraudulent misrepresentation is as much a victory for Mary as suing on any other grounds (I'm talking about this specific case) since Bill has broken a condition for the agreement.