Western Horse, Inc., agreed to buy hay from AgriSales, Inc. They signed a Purchase Order for 26

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Western Horse, Inc., agreed to buy hay from AgriSales, Inc. They signed a “Purchase Order” for “26 tons (880 bales)” that left other details blank. AgriSales loaded and weighed a trailer and dispatched it. Before delivery, however, Western told AgriSales to cancel the order—it had arranged to buy the hay for a lower price and faster delivery from Orchard Alfalfa Fields.

Can AgriSales recover the cost of attempting to fill Western’s order? Yes. AgriSales will have to show that the parties had an enforceable contract despite the details left “blank.” The UCC states that a sales contract will not fail for indefiniteness even if one or more terms are left open as long as (1) the parties ______________ to make a contract and (2) there is a ______________ certain basis for the court to grant an appropriate remedy.

Missing terms can be proved, or it can be presumed that the parties ______________ whatever is ______________, as long as the quantity is not left open.

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Business Law Text And Exercises

ISBN: 9780357717417

10th Edition

Authors: Roger LeRoy Miller, William E. Hollowell

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