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Question
Refused Furniture. Selina arranges to sell furniture from her furniture store to Roland for $3,000. Roland was supposed to give Selina a $500 deposit on February 1 and pay the remainder in monthly installments. Selina was to deliver the furniture by February 7. Roland did not pay Selina as promised on February 1. He asked her to wait until March 1, but she refused. She also refused to deliver the furniture. Selina was able to sell the furniture for only $2,500 because of a downturn in the economy. Roland told Selina that she had no right to withhold or sell his furniture and that he was suing. Selina incurred $100 in additional amounts in advertising costs to advertise the furniture that Roland initially purchased. Selina saved $40 in delivery costs because the subsequent purchaser picked up her own furniture. Which of the following is true regarding any right of Selina to recover the additional advertising fees she incurred from Roland?
A. She is entitled to recover the damages if she can show that Roland agreed to pay such damages in his contract with her.
B. She is entitled to recover the damages if she can show that Roland orally agreed to pay such damages.
C. She is entitled to recover the damages if she can show that Roland has a history of breaching contracts of sale.
D. Selina will be able to recover the damages so long as they were reasonably incurred because of Roland's breach.
E. She is not entitled to recover the fees because she had no right to resell the furniture.
Answer
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