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Miller Has a Contract to Sell 1,000 Bushels of Wheat

Question 56

Multiple Choice

Miller has a contract to sell 1,000 bushels of wheat to a bakery.The wheat is stored in a grain elevator and has become infested with insects.Miller is:


A) discharged from performance because of impossibility if he doesn't have other wheat to substitute.
B) discharged because of frustration.
C) not discharged,but must substitute wheat or pay damages to the bakery for breach of contract.
D) discharged if he can prove that he did not cause the damages to his wheat.

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