DEEN, Presiding Judge.
1. Code § 109A-2 — 615 provides in part: "Except so far as a seller may have assumed a greater obligation ...: (a) Delay in delivery or nondelivery in whole or in part by a seller ... is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made." The court charged...
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