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Spero is holding his twentieth annual summer pool party in his backyard on July 1, 2020, from 11am to 9pm. He expects 1000 guests. He
Spero is holding his twentieth annual summer pool party in his backyard on July 1, 2020, from 11am to 9pm. He expects 1000 guests. He wants to have a sculpture of fresh fruit made to Ick like a large dragon. Spero does some research online, and finds a business that makes artistic fruit sculptures. Spero calls the fruit sculpture company and speaks to Saralee, the fruit sculptor. Spero wants to be sure that the fruit sculpture arrives early enough that it is on-time but also fresh. In the contract, Spero and Saralee agree that "time is of the essence" and thus the fruit sculpture must be delivered "no later than July 1, 2020 at 10am." On June, 15, 2020, Spero and Saralee sign the contract. Saralee works on the fruit sculpture for two weeks straight. On the evening of June 30, 2020, Saralee starts to arrange the fruit into the shape of a large dragon. Saralee's artistic skills are not as good as she thinks. The sculpture looks more like a Canada goose than a dragon. The next morning, July 1, 2020, Saralee gets up early and starts over on the fruit sculpture. The second time around, the fruit sculpture looks like a lopsided pigeon. It is now already 1pm. Saralee is late. Spero has been phoning her for the last 3 hours. Saralee rushes in her car to Spero's house with the fruit sculpture, arriving at 2pm. No guests have arrived yet. In any case, Spero looks at the fruit sculpture and says "you're late and that looks nothing like a dragon. I'm not paying you a cent!" Saralee sues Spero for payment. Is Spero still responsible to pay Saralee? Explain both the legal arguments of Spero and Saralee. Who is more likely to be successful
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