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Fact Pattern 18-B1 (Questions B9-B10 Apply)

Question 40

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Fact Pattern 18-B1 (Questions B9-B10 apply)
Moses sells an apartment building to Noelle with a promise to install a new heating and air conditioning system before September 1.The following February 1,Moses sends Ollie,an HVAC technician,to begin the installation.Noelle orders Ollie to leave and refuses to make further payments to Moses,who files a suit against Noelle.
-Refer to Fact Pattern 18-B1.Moses's late attempt to install the ventilation system is most likely


A) a material breach.
B) complete performance.
C) excused by Noelle's refusal to make further payments.
D) substantial,but not complete,performance.

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