Question
During a phone call, Jon ordered 300 Cornhole Ramps from Paul. They agreed that the price would be 50 dollars each. They did not talk
During a phone call, Jon ordered 300 Cornhole Ramps from Paul. They agreed that the price would be 50 dollars each. They did not talk about the color, although Jon had ordered Cornhole Ramps from Paul on three separate occasions in the last three years, and the color had always been Fayetteville State University blue. After the phone call Paul sent a fax confirming the conversation and did not mention the color. When the goods were delivered, Jon was dismayed to see that the Cornhole Ramps were (puke) Carolina Blue. Jon rejected the order and refused to pay for the Cornhole Ramps because they were the wrong color.
For this question, assume that there is a binding contract and that Paul sued Jon for breach of contract, and that Jon counter-sued Paul for breach of contract, and that now a judge is trying to determine the Color term of the parties contract. State the UCC principles and/or rules that the court would use to make that determination, and explain how each rule you stated applies in this scenario to reach the decision of the Color term.
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