Wilson and Everett have a contract under which Everett is to supply to Wilson $5,000$ sets of bicycle spokes by September $15.$ Everett delivers the $5,000$ bicycle spokes to Wilson on September $15.$ Wilson refuses the delivery, however, because half of the spokes are broken. Everett refuses, after repeated requests from Wilson, to replace the shipment. On January $10,$ Wilson files a lawsuit against Everett for breach of contract. In Wilson$$s lawsuit against Everett for breach of contract, the court will likely rule in the favor of:

Everett, because Wilson refused delivery.

Wilson, because there was not perfect tender and Everett did not cure.

Everett, because he was not given the opportunity to cure.

neither party, because, there is no claim.