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41. On October 31, a Congressional candidate orders a quantity of campaign literature from a local printer. The stated time of performance is November 2.

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41. On October 31, a Congressional candidate orders a quantity of campaign literature from a local printer. The stated time of performance is November 2. November 8 is Election Day. The printer is not delivered until November 9. Thus, the candidate refuses to pay the printer one cent. Is this position justified? Why or why not? Assume that nothing was said in the contract about time being of the essence

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