Question:
In January, T. W. Oil purchased fuel oil at sea on the tanker Khamsin. After the purchase, T. W. Oil contracted to sell the oil to Consolidated Edison (ConEd). The contract called for delivery between January 24 and 30 and for the oil to have a sulfur content of 0.5 percent. During negotiations with ConEd, T. W. Oil learned that ConEd was authorized to use oils with sulfur contents up to 1.0 percent. The Khamsin arrived on time. However, the oil tested at 0.92 percent sulfur, 0.42 percent higher than specified in the contract. On February 14, ConEd rejected the shipment. T. W. Oil offered ConEd a reduced price. ConEd rejected the lower price offer. T. W. Oil offered to cure by providing a substitute due to arrive on February 28. ConEd rejected T.W. Oil's offer to cure. Was T. W. Oil's offer to cure properly rejected by ConEd? Was ConEd required to accept the substitute shipment tendered by T. W. Oil? [T. W. Oil v. Consolidated Edison, 443 N.E.2d 932, Ct. App., NY (1982)]