Question
Attorney hired Court Reporter to transcribe a trial. Attorney made a $5,000 deposit, representing the parties' estimate of half of the total cost at their
Attorney hired Court Reporter to transcribe a trial. Attorney made a $5,000 deposit, representing the parties' estimate of half of the total cost at their agreed per page price, with the balance due on delivery of the last volume, with the balance to be adjusted according to the actual page count.Court Reporter delivered all but the last volume, and sent a final bill with the adjusted balance due based on the final page count to Attorney, with a note indicating that the final volume would be delivered upon payment in full. Attorney refuses to pay. If Court Reporter sues, what will be the result?
A) Court Reporter will win, as Attorney has an absolute duty to pay.
B) Court Reporter will win, as the adjustment of balance based on the final page count is a constructive condition precedent to Attorney's duty to pay.
C) Attorney will win, as Attorney's duty to pay is subject to a constructive condition precedent of delivery of the last volume.
D) Attorney will win, if Court Reporter's adjusted balance exceeds the estimated amount.
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