Question
Chamberlain of Chamberlain's Antiques carried on business as a used-furniture dealer. He would occasionally purchase all of the furnishings in a person's home if the
Chamberlain of Chamberlain's Antiques carried on business as a used-furniture dealer. He would occasionally purchase all of the furnishings in a person's home if the person was leaving the country or moving a long distance. Mrs. Lyndstrom, an elderly widow, indicated to Chamberlain that she intended to sell her home and furniture, as she was planning to move into her daughter's home to live with her. Chamberlain expressed an interest in purchasing her furniture, so an appointment was arranged for Chamberlain to examine the contents of her home. When Chamberlain arrived, Mrs. Lyndstrom took him to each room and indicated the furniture that she intended to sell. Chamberlain listed the different items by groups, such as "all chairs and table in the kitchen," or "bedroom suite in the front bedroom." When they reached the living room, Mrs. Lyndstrom said, "all the furniture in here," and Chamberlain recorded, "all furniture in the living room." Chamberlain offered $3,500 for the lot when the list was complete. Mrs. Lyndstrom agreed, and Chamberlain added to the bottom of the list: "Agreed price of all above furniture, $3,500." Both signed the document. The next day, Chamberlain arrived with a truck to pick up the furniture and a cheque for $3,500. As he was about to have the grand piano moved from the living room, Mrs. Lyndstrom informed him that he was to take only the furniture, not the piano. Chamberlain protested that the piano was included. However, Mrs. Lyndstrom argued that a piano was no furniture, but a musical instrument. How would the matter be resolved? You are encouraged but not required to cite case law where applicable to solidify your argument.
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