Question
On January 15th, Mosessold an apartment building to Noelle, with apromise toinstall a newHVACheating and air conditioningsystembefore July 1st for an additional payment.The contract had
On January 15th, Mosessold an apartment building to Noelle, with apromise toinstall a newHVACheating and air conditioningsystembefore July 1st for an additional payment.The contract had a provision stating that "time is of the essence." On July 31st,MosessentanHVAC technician to begininstallation; however,Noelle demanded thatthe HVAC technicianleave the premises and refused to make the additional payment toMoses for the HVAC system. Moses immediately immediatelyfiled a lawsuit againstNoelle.Here, Moses'slate attempt to have the HVAC system installedis most likely a material breach.
Noelle's refusal to make the payment for the HVAC system is most likely:
Group of answer choices
A. a material breach.
B. complete performance.
C. appropriate, since her duty to perform was excused by Moses's failure to timely install the HVAC system.
D. substantial performance, but not complete performance.
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