Reply #248: She could have asked you to come back for the change tomorrow

[jberryhill]

You were asked to pay X. You did not tender X.

It would not have been a CRIME for the gas station to hold your $50 until it had change. That would require that you trust them. Of course, that is what you were asking them to do.

This is the MI sales law:

440.2311 Specification of performance; assortment and shipment of goods; remedies.

Sec. 2311.

(1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of section 2204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.

(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in subsections (1)(c) and (3) of section 2319 specifications or arrangements relating to shipment are at the seller's option.

(3) Where such specification would materially affect the other party's performance but is not seasonably made or where one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies

(a) is excused for any resulting delay in his own performance; and

(b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.

Now, at best, what we have in her refusing your $50 is an unseasonably made condition on your performance which, although unseasonable, is commercially reasonable.

Therefore, you are excused from a delay in your performance of the payment obligation, but you are not excused from the obligation generally.