Question
3. Midstates Utility Corporation contracts with Northern Energy Company to buy 50,000 gallons of heating oil. Northern agrees to deliver the oil in five equal
3. Midstates Utility Corporation contracts with Northern Energy Company to buy 50,000 gallons of heating oil. Northern agrees to deliver the oil in five equal installments between October 1 and the following March 15. The winter is the warmest on record, however, and after the last agreed delivery, Midstates has accepted only 30,000 gallons of the oil. When Northern tenders the rest of the oil, Midstates refuses to take it, citing the weather and claiming to be acting in good faith. Will Northern succeed in a suit against Midstates for breach of contract?
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