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57. Does the buyer have a viable breach of contract claim against the broker?
On March 19, neither party appeared at the warehouse. On March 21, the buyer called the broker and asked if he would come to the warehouse so that the buyer could take delivery of the grain and make payment. The broker refused the buyer's request.
A buyer contracted to purchase grain from a broker. The parties' written agreement provided for delivery and payment on March 19 at the broker's warehouse and stated that time was of the essence due to the volatility in market prices for grain.
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B is incorrect. The buyer did not breach, because the buyer's obligations were discharged when neither party appeared at the warehouse on March 19.
C is incorrect. The broker did not breach, because the broker's obligations were discharged when neither party appeared at the warehouse on March 19.
D is incorrect. The buyer's manifestation of an intent to perform is irrelevant. Here, both the buyer and the broker's obligations were discharged because neither condition for performance was satisfied on the agreed-upon contract date.