In a written contract, Singer agreed to deliver to Byer 500 described chairs at $20 each F.O.B. Singer's place of business. The contract provided that "neither party will assign this contract without the written consent of the other." Singer placed the chairs on board a carrier on January 30. On February 1 Singer said in a signed writing, "I hereby assign to Wheeler all my rights under the Singer-Byer contract." Singer did not request and did not get Byer's consent to this transaction. On February 2 the chairs were destroyed while in transit in a derailment of the carrier's railroad car. "In an action by Byer against Singer for breach of contract, Byer probably will
succeed, because the carrier will be deemed to be Singer's agent.  succeed, because the risk of loss was on Singer.  not succeed, because of impossibility of performance.  not succeed, because the risk of loss was on Byer