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Harris N. Dealer was sole proprietor of a profitable computer data centre, which he soldas a going concern to Alice B. Wheeler for the price
Harris N. Dealer was sole proprietor of a profitable computer data centre, which he soldas a going concern to Alice B. Wheeler for the price of $180,000. The price was paid-$30,000in cash and the balance in the form of a contract under Wheelers seal, which read in part asfollows:For value received Alice B. Wheeler promises to pay Harris N. Dealer the sum of one hundredand fifty thousand dollars ($150,000) in 10 years from April 1st, 2009, together with interest at8% per annum from April 1st, 2009, payable monthly on the first day of May 2009 and on thefirst day of each and every month thereafter until payment of the principal sum on April 1st,2019.After ten (10) days default in any interest payment due under this agreement the wholeamount payable shall become immediately due.March 29th, 2009. Alice B. Wheeler [SEAL]Dealer and Wheeler remained on friendly terms throughout the balance of 2009. Wheelerwas somewhat dilatory in making her monthly payments of $1,000 interest, so that by the end ofthe year she had made six of the eight monthly payments required by then on dates more than 10days after they were due. Dealer had acquiesced in the arrangement without complaint, thoughthe parties had never expressly agreed on any change in the due dates and Dealer seemed merelyto have been indulgent with his debtor. Unfortunately, however, the parties had a seriouspersonal disagreement early in 2010. On February 5th, 2010, the January 1stinterest payment thenbeing 35 days overdue,Dealer wrote to Wheeler as follows:This letter will serve to inform youthat, an interest payment due under the terms of thecontract dated March 29th, 2009, being in default for more than 10 days, the whole amountunder the contract is now due.I hereby demand immediate payment of the principal amount of $150,000 and outstandinginterest.H.N. Dealer
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