Posted: 26 Jan 2011 at 18:20 | IP Logged
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Today’s question: REG
On March 7, 2008, Wax Corp. contracted with Noll Wholesalers to supply Noll with specific electrical parts. Delivery was called for on June 3, 2008. On May 2, 2008, Wax notified Noll that it would not perform and that Noll should look elsewhere. Wax had received a larger and more lucrative contract on April 21, 2008, and its capacity was such that it could not fulfill both orders. The facts _________________
A) will prevent Wax from retracting its repudiation of the Noll contract.
B) are not sufficient to clearly establish an anticipatory repudiation.
C) will permit Noll to sue only after June 3, 2008, the latest performance date.
D) will permit Noll to sue immediately after May 2, 2008, even though the performance called for under the contract was not due until June 3, 2008.
__________________ Andrew Lee, CPA
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