Question
Julie agrees to purchase ten handmade, custom or specialty pies from Daisy Cakes and Pies for $130. Their agreement states that delivery is to be
Julie agrees to purchase ten handmade, custom or specialty pies from Daisy Cakes and Pies for $130. Their agreement states that delivery is to be made at Julie's house "on or before Christmas Eve, to be used for Christmas Day family celebration December 25th at 12 Noon."
However, Daisy Cakes and Pie's delivery car breaks down on Christmas Eve at 6 PM. Daisy cannot deliver. On the morning of December 25th, Julie buys the pies from Safeway Inc. grocery store. Nonetheless, at 3 PM, just before the family sit down to eat and celebrate Christmas, Daisy Cakes and Pies delivers the pies at Julie's residence in a rental van.
Julie refuses to pay. Daisy Cakes and Pies sues Julie.
Question: Daisy Cakes argued it fully performed at 3 PM. Has Daisy Cakes satisfied the contract and is thus fully discharged from its obligations under the contract? Discuss the legal nature of performance and discharge here. DO NOT DISCUSS damages.
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