A Agrees in Writing to Sell to B Two Printing

question 37

Multiple Choice

A agrees in writing to sell to B two printing presses by September 1 for $5000.00.B gives a deposit of $1000.00.Due to a tornado,A's production facility is destroyed on August 25,so A cannot deliver the printing presses to B.In a lawsuit by B for the return of the deposit,the court will say at common law

• A)B is not entitled to the return of the deposit because A did not confer a benefit on him.
• B)the contract was discharged by the frustrating event of the tornado on August 25.
• C)there was contract between A and B.
• D)Had A conferred even the smallest benefit on B,such as delivering some printing press parts,A would have to return the deposit.
• E)all of the above

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