Mario,a Chef,has Been Working for Over a Year to Remodel

Multiple Choice

Mario,a chef,has been working for over a year to remodel an old building he purchased to start his own restaurant.The grand opening is scheduled on April 1st.A lot of guests and critics have been invited to the event.He ordered a top of the art stove from Bella Cucina,Inc.The contract states that the stove has to be delivered on or before march 20,and that "time is of the essence" because of the opening-night deadline.Bella Cucina has some logistics difficulties and doesn't deliver the stove until March 27.Mario refuses to accept it,and Bella Cucina sues.Who wins?

A) Mario wins; the contract date was strictly enforceable.
B) Bella Cucina wins; the contract was substantially performed before the opening night.
C) Mario wins because of the frustration of purpose doctrine.
D) Bella Cucina wins if it can prove that delivering the stove before March 27 was unreasonable.