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Kay Ltd is an engineering firm. It contracted with the Day Engineering Company to buy a large engine for the sum of $34,000. The engine
Kay Ltd is an engineering firm. It contracted with the Day Engineering Company to buy a large
engine for the sum of $34,000. The engine at the time of the contract was embedded in concrete
on the floor of Day Engineering Company's factory. It took Day Engineering Company two
weeks to dismantle the engine and load it onto a railway wagon. Unfortunately, some parts
were broken in the process and Kay Ltd refused to accept the engine or to pay any of the agreed
amount. Day Engineering Company sued Kay Ltd for breach of contract.
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