ABC Builders and XYZ Lumber had a contract,calling for XYZ Lumber to deliver a certain quantity of bricks to ABC's place of business on the first of every month for one year.The contract also said that any modifications had to be made in writing.XYZ delivered the bricks one week late for the first six months but ABC did not object.When XYZ delivered the bricks late in the seventh month,ABC attempted to cancel the contract.What is the result?

Question

Quizplus · Accepted Answer

In a contract in which there are a number of instances of partial performance (such as deliveries or payments)by one party,the other party must be careful to object to any later deliveries or payments.If the other party does not object,it may be waiving its right to cancel the contract if other deliveries or payments are late.

ABC Builders and XYZ Lumber Had a Contract,calling for XYZ