Federer & Co$.($Federer$)$ signed a written contract to lease a large neon advertising sign to Harris Bolat, who is in the dry$-$cleaning business for $$148\mathrm{.}50$ a month. The contract stated that Federer, as the lessor of the sign, would $$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 first$-$class advertising condition and make all necessary repairs to sign and equipment installed by lessor."

A few weeks later the sign was installed, someone hit the sign with a tomato and $$little spider cobwebs$$ 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?

Assume that On$-$Demand Truck Line has a location in Stripes$$ town and would pick up the shirts at Stripes$$ factory. Assume also that Stripes regularly uses On$-$Demand Truck Line and gets a significant discount. The use of Blue Express Truck Line will require Stripes to deliver the shirts to a town $150$ miles away $($because Blue Express won$$t pick up that far from its location$)$ and will cost Stripes an additional $$600$ in shipping costs. Stripes did not contact Barnes about the change but considered it a proposal that he could ignore. He shipped using On$-$Demand Truck Lines.

The offer, as now stated,

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include a limitation to the terms of the offer. Stripes

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contacted Barnes about the change in trucking companies. If Stripes had objected

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$,$ then the change in trucking companies

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a part of the contract. Because Stripes did not object, the only argument that he has to use On$-$Demand Truck Lines is that the change in the contract is

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change.

Assessment question

Several factors may influence the court in making this decision, including unreasonable

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for Stripes. If the change in price and delivery location for Stripes is determined to be

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$,$ then

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would be the trucking company for the contract. If this is the case, then

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would be the likely breaching party.