Tambe Electric entered into a written agreement with Home Depot to provide copper wire to Tambe at a price set forth in the writing, and allowed the contractor the option of paying for the wire over a period of time. Tambe later tried to purchase such wire on a payment plan but Home Depot refused. As Home Depot did not fulfill this written agreement, Tambe sued for $68,000, the additional cost it had to subsequently pay to obtain copper wire for its work. Home Depot defended that it had made an oral condition precedent requiring payment in full by Tambe at the time it accepted the price quote in the written agreement. The result is that:
Home Depot will lose because there is a written agreement that clearly gives Tambe the option of paying for the wire over a period of time.
The contract is terminated by a matter of law because both parties disagree on the terms
Home Depot will win because there is an oral condition precedent