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Breeder owned a kennel where he bred Old English Sheepdogs. On March 15th Breeder and Buyer entered into a written agreement wherein Breeder promised to
Breeder owned a kennel where he bred Old English Sheepdogs. On March 15th Breeder and Buyer entered into a written agreement wherein Breeder promised to sell Buyer a Sheepdog puppy for $400. Under the terms of the contract, Breeder promised to deliver the dog to Buyer on April 15th, and Buyer agreed to pay Breeder $200 on June 1st and $200 on October 1st. On April 15th Breeder did deliver a Sheepdog puppy to Buyer, which he accepted. Buyer, however, failed to make the June 1st payment when it came due. On June 1st the puppy which Breeder delivered to Buyer had a market value of $600. Can Breeder successfully bring suit in restitution for $600? Question 6 options: a) Yes, because that represents the fair market value of the puppy at the time of the breach of contract. b) Yes, as damages for Buyer's breach of contract. c) No, because Breeder has already delivered the puppy to Buyer. d) No, because the contract price should be the limit of any recovery
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