A gardener and a carpenter contracted for the carpenter to repair beehives for $500 each, total $2,000, payable upon delivery of the fourth repaired beehive. The gardener delivers all four beehives; The carpenter delivers the first two without issue and demands $1,500 on the third delivery. Is the gardener required to make the demanded payment at this time?

• A. No, because she has no duty to pay the carpenter anything until the last beehive is repaired and delivered.
• B. No, because the course of performance between the parties has established that payment is not due upon the delivery of each repaired beehive.
• C. Yes, because the carpenter is entitled to payment on the third beehive.
• D. No, because the contract is expressly indivisible and payment is due on completion of all four beehives.

Answer: (D)

The main idea is whether a contract for multiple items is treated as one unit or as separate installments. Because the agreement says the total price is $2,000 and payment is due upon delivery of the fourth repaired beehive, it sets the job as a single unit and ties payment to the completion of all four beehives. There’s no language arranging payment per beehive or after each delivery, so the contract is effectively indivisible.

Under an indivisible contract, partial performance by the carpenter does not create a right to partial payment. The gardener isn’t obligated to pay after the third delivery; payment is due only when the entire job is completed. Since the condition is completion of all four beehives, the demanded payment on the third delivery is premature. Once all four beehives are repaired and delivered (i.e., the contract is fully satisfied), payment becomes due in full. That’s why the correct understanding is that payment is due on completion of all four beehives, not at the third delivery.