Question: On May 1 , Desi and Yan form a signed written contract requiring that Desi conduct a marketing study and prepare a report on the
On May Desi and Yan form a signed written contract requiring that Desi conduct a marketing study and prepare a report on the product that Yan manufactures and distributes. In exchange, Yan will pay Desi $ The contract provides: "The parties will meet at Yan's offices on November at which time they will make the exchange of payment for marketing reportmarketing report for payment." On November Desi arrives at Yan's office with the complete marketing report in his briefcase. In his desk drawer, Yan has a cashier's check for $ made payable to Desi. Yan asks for the marketing report. Desi says that he won't remove the report from his briefcase until Yan pays him. Yan says that he won't pay until Desi gives him the report. Is Desi in breach for failing to hand Yan the marketing report?
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