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Unformatted text preview: substantially the same benefits as those as promised since the entire house was built. Court is likely to hold that the contract has been substantially performed because Kohler is equivalent in the industry substitution for Crane. Question #5 The contract between Murphy and Loan Star Liquors stated that delivery must be made on or before June 1. In this situation the occurrence of delivery van accident makes performance of the contract temporary impossible for Loan Star Liquors. At the morning on June 2 Murphy discovered the nondelivery. Unable to reach Loan Star because their line was busy, Murphy purchased champagne from another dealer. Loan Star Liquors delivered the champagne at Murphys residence on the June 2, just before the wedding, instead the June 1. The lapse of time makes performance impracticable and the contract will be discharged from performance because of that. Therefore, in my opinion the court will not satisfy the Loan Stars claim against Murphy....
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- Spring '11