Copeland Breeders sells a Redbone Coonhound puppy to the Hightower family. In anticipation for the day that the family gets to pick up the puppy they purchased, the breeder sent pictures via text of, "your pup!" The pictures show the same puppy in each one of a completely red haired pup with a solid black nose. When the Hightower family shows up to pick up their purchased pup, they all immediately notice the dog that the Breeder is giving them is not the same as the puppy in the many pictures because this puppy has a solid red nose and a white tail. When they ask for their puppy, the breeder said he never guaranteed a specific puppy and that the puppy in the pictures was already given to another family. The breeder states that the writing only states that he would sell them one puppy for $500.00. Will the court allow the use of the pictures and texts in contract interpretation?
A) Yes, since the term is ambiguous and in dispute, the court will allow the texts and pictures.
B) No, a puppy is a puppy and the court will rule any outside information will not be allowed.
C) No, as long as the breeder is able to provide a puppy of the same age, there has been substantial performance of the contract and will not seek to disrupt the written word.
D) Yes, as long as the court determines that the breeder operated in good faith.
Correct Answer:
Verified
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