On February 1, 1983, Nugent Manufacturing, Inc. contracted with Costello Wholesalers to supply Costello with 1,000 integrated
Question:
On February 1, 1983, Nugent Manufacturing, Inc. contracted with Costello Wholesalers to supply Costello with 1,000 integrated circuits. Delivery was called for on May 1, 1983. On March 15, 1983, Nugent notified Costello that it would not perform and that Costello should look elsewhere. Nugent had received a larger and more lucrative contract on February 27, 1983, and its capacity was such that it could not fulfill both orders. The facts
A- are not sufficient to clearly establish an anticipatory repudiation
B- will prevent Nugent for retracting its repudiation of the Costello contract
C- will permit Costello to sue immediately after march 15, 1983, even though the performance called for under the contract was not until May 1 1983
D- will permit Costello to sue only after May 1 1983, the latest performance date
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