Question:
Wallechinsky purchased a used automobile from Anderson Motors, paying $1,000 down, and agreeing to pay off the balance in thirty-six (36) monthly payments of $200.00 each. The term of the agreement call for Wallechinsky to make a payment on or before the first of each month. During the first six months, Anderson received a $200 payment before the first of each month. During the next six months, Wallechinsky's payment is never made until the fifth of the month. Anderson accepts and cashes the payment check each time. When Wallechinsky tenders the thirteenth payment on the fifth of the next month, Anderson refuses to accept the check, claiming that Wallechinsky is in breach of contract. Anderson demands the entire balance owed. Wallechinsky claims that Anderson cannot hold her in breach. Discuss the result fully.