Question
Cloverfield Corporation sued Billy Samson, a farmer, for breach of an oral contract to delver sugar beets. According to Cloverfield, Billy orally agreed to two
Cloverfield Corporation sued Billy Samson, a farmer, for breach of an oral contract to delver sugar beets. According to Cloverfield, Billy orally agreed to two sales of sugar beets of ten thousand pounds each at 35 cents per pound and 37 cents per pound, respectively. Cloverfield, sent two written confirmations of the agreements to Billy. Billy never made any written objections to the confirmations. After the first sale occurred, the price of sugar beets rose to 49 cents per pound, and Billy refused to deliver the second ten thousand pounds at 37 cents per pound. Billy denied entering into any agreement to sell the second ten thousand pounds of sugar beets, but admits that he received the two written confirmations.
Start a thread that addresses the following. For each, you need to apply the relevant law.
- Is Billy a merchant under the UCC definition? Why or why not?
- Explain why the outcome of the case depends on whether Billy is or is not a merchant.
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