Dr. Tanyi ordered specialized surgical equipment from Hadden Medical Supply Co., but his order was not delivered by the quoted date. No other manufacturer makes the same machine. Dr. Tanyi is under no obligation to pay for the equipment when it arrives one week later.
The person has obligation to pay.
Although it came late, the contract is still there; therefore, every obligation out of the contract must be fulfilled and making payment is one of them.
Once the supply is not made within the quoted date, the contract could have been cancelled and the payment could be stopped; but such thing was not happened here; therefore, it is implied that the customer is still waiting for the order to come and he can’t deny the payment.
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