Bothe Woody Woods and Luther Lumbers are merchants of timber. woods calls lumber

Question

Bothe Woody Woods and Luther Lumbers are merchants of timber. woods calls lumber and leaves a message saying that he wants to buy 100 trunks of pine woods for delivery by december 15, 2017. Lumber immediately takes a piece of his stationery with letterhead and fexes woods stating 'Agreed that i will send you 100 trunks of pine to be received by december 15, 2017. Before december 15, 2017, lumber ships 100 trunks of oak wood to woods since in the past wood has accepted oak as a subsititute of pine. One december 13, 2017 woods receives the shipments and rejects shimpment stating "i asked for pine not for oak". lumber receives the shipment back and replaces it with 100 trunks of pine shipped to woods and receivedby woods on december 16, 2017. woods again rejects stating " you failed to cure within the delivery time provided by the contract time which was december 15,2017 so you may not cure. Luther sells the pine to another buyer for $20000 which is $5000 less than he would have gotten from woods and he sues woods for $25,000. woods offers following defenses:

answer the following questions separately with appropriate explanation

a) there was never a contract because of the stature of frauds. (b) there never was a contract because luther never acceped the offer because he shipped the wrong product. (c) there never was contract because there never was an agreed upon the price. (d) even if there was a contract, luther lost the right to cure because the time within which to perform under the contract had passed. (e) luther cannot recover anything because he alread sold the goods to someone else.

Explanation / Answer

A-- there is a contract because both contrating parties are agreed . In this case there is no fraud .

B--in this situation tha contract should be voidable at the option of aggreevied party , the luther not accept the wrong product but it is also in a contract upto 15 dec .

C-- in that case the proce of contract is not decided so therefore the contract between is void.

D---if there is contract in this situation tha contract become voidable at the option of woody ..if he reject the goods after 15 dec thn the contract be void but of he accept the goods on 16th dec then the contract become valid.

E--yes luther cannot recover anything bcause the contract become void at the time rejection of goods by woody .therefore they cannot recover anything

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