Question
Henry Hunt is somewhat industrious and entrepreneurial. He has maintained a full-time job cleaning homes of wealthy people in Chicago, while selling fruits and decorative
Henry Hunt is somewhat industrious and entrepreneurial. He has maintained a full-time job cleaning homes of wealthy people in Chicago, while selling fruits and decorative furniture on the side. He has run into problems recently, and he has consulted you for some legal advice. Here is what happened to be him one Wednesday about five weeks ago.
First, Henry went to his normal house-cleaning job that day, which was at the palatial residence of Claire Cara. When he got there that day, he reminded Claire that he had to pay his apartment rent of $800.00 that evening, and so she had to pay him the overdue balance of$1,000 she owed him for cleaning her house the past month. She said to him, "sure thing. I will pay you once you are done for the day. Once he was done cleaning that day he asked her for the check for $1,000. She then told him that she had misplaced her check book. She told him, however, that she had exactly $800 in cash, and that she would be willing to give it to him if he was willing to forego the $200 balance. Henry was angry. However, he accepted the $800 in cash believing that he had no choice because he had to pay his rent that evening.
Second, while he was on his way out, Claire asked him to wait a minute. Knowing that Henry sold furniture on the side, she asked if he could a look at an old antique Russian desk that was trying to get rid off. She told him she did not know exactly what it was worth, but she was speculating it might be worth $300. He took a close look at the antique desk, and based upon his own experience he concluded it might be worth closer to $8,000. However, because he already felt angry with her he did not say anything. She agreed to sell it to him for $300. Later that afternoon, Harry sold the antique desk to Daria Gomez for $8.000 When Claire ran into Daria Gomez at a charity dinner that evening, Daria mentioned to her that she had just bought a lovely antique Russian desk from Henry. She also told Claire the amount she paid for it.
Third, Henry agreed to sell and deliver 100 crates of oranges and 200 apples to Eddie's Food market later that afternoon. The contract specified that Eddie would pay him $600 for the oranges and $550 for the apples. When Henry delivered the oranges and apples, Eddie refused to take delivery because he said his fruit business was no longer doing well because of the recent Covid crisis. Henry protested and said at least Eddie's business was still open, but Eddie said that sales from his customers had dropped off significantly and so he no longer needed the fruits. Henry then managed to sell the oranges to another fruit seller for $400, but he decided to put the apples in storage at his warehouse. Within four days, all the apples that Henry put in storage were rotten.
Fourth, Henry agreed over the phone to sell a school chair to Nelly Nolls that was specially designed for her. The price of the chair was $515, with delivery due in two weeks. However, before the delivery date, Nelly was fired at her job. She then called Henry to let him know that it might be difficult for her to pay for the chair given that she just got fired. She then asked him whether he would be open to renegotiating. Henry screamed at her over the phone, told her that she was contract breaker, and then hung up on her. He then decided to sell the chair to Bob Bell for 8400 Nelly found out about this transaction, and so she went down and bought a similar school chair for $560. Assume you are an associate at a law firm representing Henry. A partner has asked you to prepare memorandum answering the specific questions:
(1) What are the terms of the house-cleaning contract between Henry and Claire? Are all aspects of the contract enforceable?
(2) Can Claire prevent the enforcement of the contract with Henry regarding the purchase of the old antique desk?
(3) Does Eddie have any defenses against the enforcement of the contract he had with Henry?
(4) If Henry manages to prevail against Eddie in a breach of contract claim, what will be Henry's damages?
(5) Please discuss all the legal issues that arise out of the contract between Henry and Nelly, including any defenses and issues of breach.
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