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Harry is a furniture dealer in town. Harry calls up another merchant and says he will sell 40 Model 6 dressers (with 6 drawers) for

Harry is a furniture dealer in town. Harry calls up another merchant and says he will sell 40 Model 6 dressers (with 6 drawers) for $300 each and the other merchant says you have a deal. Harry then sends an email to the other merchant confirming what they just said, noting they are Model 6 and said he (Harry) must send the items in one week. The other merchant promptly responds and says I don't need them yet, but send them in a month, (a reasonable time). Harry says well, the best I can do is 2 weeks if you pay $310. The other merchant says nothing. Harry sends them in 2 weeks.

A. Is there a deal here? ______________________ B. Why or why not? _______________________

C. Was Harrys words to ship in one week a breach of a deal, or a proposed new term? Did it become part of the contract? Why or why not?

D. What is the right price for the dressers, and why?

E. Presume that the other merchant receives the dressers, the Model 6. When Harry bills him, the merchant then says that Harry told him that the dressers would be Model 8 drawers in a phone call 15 days after the email Harry sent. Those are worth $350. When Harry sues him, the merchant wants to tell the judge about the phone call. What will the judge rule, and why?

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