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Gretchen Buys a Tractor from Haulers Equipment Company, Paying $1,000

Question 62

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Gretchen buys a tractor from Haulers Equipment Company, paying $1,000 down and agreeing to pay off the balance in thirty-six monthly payments of $200 each.The terms of the agreement call for Gretchen to make a payment on or before the first of each month, beginning March 1.During the first six months, Haulers receives a $200 payment before the first of each month.Starting in September, however, and continuing for the subsequent five months, Gretchen's payment is never made until the fifth of the month.Haulers accepts and cashes the payment check each time.Before the next payment is due, Haulers decides that it is no longer willing to accept late payments.Can Haulers sue Gretchen immediately for breach? Can Gretchen continue to make late payments without liability? Explain.

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The dispute between these parties turns ...

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