Question
E contracts with A to sell 600 electric engines at a cost of $1,750 each. E agrees to deliver the engines in three installments of
E contracts with A to sell 600 electric engines at a cost of $1,750 each. E agrees to deliver the engines in three installments of 200 engines each on June 7, July 7, and August 7, respectively. On June 1, E delivers 195 engines together with a note stating that the remaining five engines would be delivered the following day and that all future deliveries would be complete and timely.
Does A have to accept the delivery of 195 engines?
A. Yes, because E's delay does not substantially impair the value installment or the value of the contract.
B. Yes, because E is the master of the offer.
C. No, but if A rejects the delivery it will have waived any claim for damages against E.
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