Question
Blake manufactures computer micro-processing chips at his plant Midland, Texas. Blake entered into a sales contract to sell Sheldon 100,000 microchips. The contract includes the
Blake manufactures computer micro-processing chips at his plant Midland, Texas. Blake entered into a sales contract to sell Sheldon 100,000 microchips. The contract includes the delivery term FOB Midland by May 17.2016. The contract further states that "time is of the essence." Sheldon does not receive the microchips at his place of business in Sioux Falls, South Dakota until June 12, 2016. When the micro-processing chips arrive, Sheldon refuses to accept delivery and says that Blake's late deliverv constitutes a breach of contract releasing Sheldon from any obligations under the contract. Blake demands payment from Sheldon and seeks your legal advice. Does Blake have a valid claim for payment?
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