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19 (10 points) In response to Retailer's order for shipment of 100 boxes of white T-shirts, Wholesaler shipped 100 boxes of T-shirts to Retailer. Ninety
19 (10 points) In response to Retailer's order for shipment of 100 boxes of white T-shirts, Wholesaler shipped 100 boxes of T-shirts to Retailer. Ninety boxes of T-shirts were white, just as Retailer had ordered. However, ten boxes of the T-shirts were gray because Wholesaler "ran out" of white T-shirts and hoped that Retailer could sell the gray T-shirts. When Retailer opened the boxes she discovered the gray shirts. Retailer immediately called Wholesaler and said that she (Retailer) rejected the entire 100 boxes. Wholesaler replied that Wholesaler would not have any white T-shirts in stock for another two months. Did Retailer rightfully reject the entire shipment of T-shirts from Wholesaler? a) No, because Wholesaler substantially performed by sending ninety boxes of conforming T-shirts. b) Yes, because the gray T-shirts were nonconforming goods. c) No, because Retailer could only rightfully reject the ten boxes of T-shirts which were nonconforming goods and then give Wholesaler an opportunity to cure the defective performance. d) Yes, because Wholesaler did not accept Retailer's offer so no contract was ever formed
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