Question: Federer & Co . ( Federer ) signed a written contract to lease a large neon advertising sign to Harris Bolat, who is in the
Federer & CoFederer signed a written contract to lease a large
neon advertising sign to Harris Bolat, who is in the drycleaning
business, for $ a month. The contract stated that Federer, a
the lessor of the sign, would at its expense maintain and
service the sign and would perform cleaning and repainting of
sign in original color scheme as often as deemed necessary by
lessor to keep sign in firstclass advertising condition and make all
necessary repairs to sign and equipment installed by lessor."
A few weeks the sign was installed, "little spider cobwebs"
appeared in the sign's corners. Bolat repeatedly asked Federer to
fix the sign, but Federer did not do so As a result, Bolat made no
further payments and Federer sued Bolat for remainder of the
lease payments pursuant to the contract's terms. Did Federer make
a material breach of the contract?
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