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In September, Cobb Company contracted with Thrifty Oil Company for the delivery of 100,000 gallons of heating oil at the price of $.75 per gallon at regular specified intervals during the forthcoming winter. Due to an unseasonably warm winter, Cobb took delivery on only 70,000 gallons. In a suit against Cobb for breach of contract, Thrifty will A. Win, because the change of circumstances could have been contemplated by the parties. B. Lose, because Cobb acted in good faith. C. Lose, because both parties are merchants and the UCC recognizes commercial impracticability. D. Win, because this is a requirements contract. |