In Axelson V

question 421

Multiple Choice

In Axelson v.McEvoy-Willis,McEvoy hired Axelson to build special equipment for oil rigs,after forms went back and forth,Axelson built equipment for McEvoy,which suddenly cancelled the contract.Axelson sued for damages;McEvoy noted the contract stated it could cancel at any time.The appeals court held that McEvoy:

• A)was not in breach;the final contract agreed to by the parties clearly stated it could be cancelled at any time
• B)was not in breach;the contract was for as many as McEvoy "needed" so once it had enough,it could cancel
• C)was not in breach;Axelson tried to refer to terms of earlier contracts that were part of the negotiations,not the final terms
• D)was in breach;the final contract was issued after work began,so its terms are not all relevant
• E)none of the other choices

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