Question
In a telephone call on March 1, an unemployed retiree said to a friend, I will sell my automobile for $3,000 cash. I will hold
In a telephone call on March 1, an unemployed retiree said to a friend, "I will sell my automobile for $3,000 cash. I will hold this offer open through March 14." On March 12, the retiree called the friend and told her that he had sold the automobile to a buyer. The retiree in fact had not sold the automobile to anyone. On March 14, the friend learned that the retiree still owned the automobile, and on that date called the retiree and said, "I'm coming over to your place with $3,000." The retiree replied, "Don't bother, I won't deliver the automobile to you under any circumstances." The friend protested, but made no further attempt to pay for or take delivery of the automobile.
In an action by the friend against the retiree for breach of contract, who is likely to succeed?
A. The friend, because the retiree had assured her that the offer would remain open through March 14.
B. The friend, because the retiree had not in fact sold the automobile to a buyer.
C. The retiree, because the friend had not tendered the $3,000 to the retiree on or before March 14.
D. The retiree, because on March 12 the retiree had told the friend that he had sold the automobile to a buyer.
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