Question
Grays Fabricating Co. and Pine Corp. agreed orally that Pine would custom manufacture a processor for Gray at a price of $80,000. After Pine completed
Grays Fabricating Co. and Pine Corp. agreed orally that Pine would custom
manufacture a processor for Gray at a price of $80,000. After Pine
completed the work at a cost of $60,000, Gray notified Pine that it no longer
needed processor and has no liability since there was never a formal written
agreement. In response, Pine notified Gray that the processor was ready for
delivery and that it was holding it for Gray. Pine also demanded payment in
full on delivery. Gray again refused the processor. Pine attempted to find
another buyer but has been unable to resell the processor for any price.
Since Pine had insufficient space to hold the processor at its plant, Pine had
the processor move to a nearby warehouse. Pine has incurred storage fees of
$1000 for the processor during this period.
QUESTIONS:
1. Is Grays Fabricating Co. liable on the contact in spite of the lack of
any written agreement between the parties? Explain.
2. If the processor is damaged through no fault of Pine when it is moved
to the warehouse for storage, who will bear the risk of loss.
3. Assuming Gray is held liable on the sale contract with Pine, what
damages might Pine expect to recover? Explain.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started