Question
Both Woody Woods and Luther Lumbers are merchants of timber. Woods calls Lumber and leaves a message saying that he wants to buy 100 trunks
Both 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 faxes 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 substitute of pine. On december 13, 2017 woods receives the shipments and rejects shipment 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 received by 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 statue of frauds. (b) there never was a acceptance of the offer
because Lumber 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 breached 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.
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