Question
Colicchios Restaurant (owned by Tom Colicchio) agreed to buy 25 live Turkeys from the Albert Farms (owned by Albert Danbury) for $40 per Turkey to
Colicchios Restaurant (owned by Tom Colicchio) agreed to buy 25 live Turkeys from the Albert Farms (owned by Albert Danbury) for $40 per Turkey to be prepped and served for dinner at Colicchios Restaurant for a Thanksgiving feast in 3 days. When the Turkeys were delivered, Colicchio discovered that 10 Turkeys appeared rather sickly and, he believed, unusable. Sickly poultry is a health code violation. Albert believed that the Turkeys were in acceptable condition and not below health code standards and sent Colicchios Restaurant a bill for $1000.00 demanding payment. Colicchios called up Albert and refused to pay that much but indicated that he was willing to pay $750.00 only. Albert said Not enough. Give me $900.00 and I wont sue. Tome said, OK. I agree. I will pay you $900.00 to settle this mess. Tom then sent Albert a check for $900.00. Albert singed the back of the check and deposited it in his savings account. A week later, Albert sues Tom for what he said was the remaining $100.00. A) Judgement for whom? Explain fully. B) Would your answer to (a) be different if Albert had written without prejudice on the back of the check before he deposited it? Explain fully. C) What if Colicchios Restaurant ordered a specific Turkey named Gobblie for his unique wattle from Albert Farms, delivery to be made on Thanksgiving Day. Gobblie was going to be pardoned at Colicchios annual feast, Tom had picked Gobblie for his unique coloring. However, the day before Thanksgiving, Gobblie was eaten by a cayote (by no fault of Albert Farms). Does Albert Farms still need to perform their part of the contract. Explain fully
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