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Contracts 241 Sarah is an antiques dealer and Barbara is a collector of American antique furniture. Barbara sees a rare Empire- period butler's secretary in
Contracts 241 Sarah is an antiques dealer and Barbara is a collector of American antique furniture. Barbara sees a rare Empire- period butler's secretary in Sarah's shop and offers to purchase it for $8,000. Sarah agrees to sell the secretary to Barbara. Sarah and Barbara draw up a written sales agreement. According to the terms of their written agreement, Barbara is to tender payment to Sarah on the day that she comes to pick up the secretary at Sarah's shop. On the day before Barbara is due to pick up the secretary, a tornado destroys Sarah's shop and its contents, including the secretary. At the time the secretary was destroyed, the risk of loss remained on Sarah. Shortly after the secretary was destroyed, Barbara discovers that a secretary of the same age and design was recently sold at auction for $15,000. Sarah sues Barbara to recover the contract price of $8,000. Barbara counter-sues Sarah for $15,000. Who should recover on her claim? (A) Only Sarah should recover on her claim. (B) Only Barbara should recover on her claim. (C) Both Barbara and Sarah should recover. (D) Neither Barbara nor Sarah should recover
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