Problem

Fulton contracted to furnish Mortimer 50 bushels of apples per week during October and Nov...

Fulton contracted to furnish Mortimer 50 bushels of apples per week during October and November. She did so the first week of October, then failed the following week. Mortimer then contracted with Evans for the needed apples to December 1, notifying Fulton that the latter had broken her contract. Fulton stated that she was sick in bed during the second week of October, that this circumstance excused her failure, and that her contract with Mortimer remained in full force and effect. What are the rights of the parties?

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Solutions For Problems in Chapter 13