Question
On March 3, Jim agreed to buy a machine from Tim for $10,000, with delivery on or before July 3.On March 3rd, Jim told Tim
On March 3, Jim agreed to buy a machine from Tim for $10,000, with delivery on or before July 3.On March 3rd, Jim told Tim that he would be willing to take delivery on August 3.On March 5th, Jim changed his mind, and insisted upon delivery on or before July 3rd.Tim delivered the machine on August 3, and Jim rejected it on the grounds of lateness.When Tim sues for breach: 1)Tim will prevail, as Jim waived the right to receive the machine on or before July 3rd and cannot reinstate it , or 2) Jim will prevail, as the machine was delivered after July 3rd, and Jim had effectively reinstated the July 3rd condition by giving Tim timely notice of its reinstatement.
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