Question
Jennings Cleaning, Inc. took over the operation of Clean As A Whistle (CAAW) dry cleaners from the previous owner, Starchy Company. Starchy had a contract
Jennings Cleaning, Inc. took over the operation of Clean As A Whistle (CAAW) dry cleaners from the previous owner, Starchy Company. Starchy had a contract with Solvents Suppliers, Inc., a chemical supply company, to supply dry cleaning chemicals for CAAW's dry cleaning business. Solvents continued to supply chemicals to CAAW after Jennings took over the business, with no changes to the contract between Starchy and Solvents. Jennings refuses to pay Solvents for the chemicals, arguing that they never agreed to pay because there is no express contract between Jennings and Solvents.
Assume that Solvents files a lawsuit against Jennings seeking to enforce their contract. What is Solvents' best argument for recovery of damages in this situation? Fully explain how Solvents is most likely to proceed in this case, including the legal theories they are likely to use as they pursue this case, and what must be proven under these theories. Finally, explain how, and why, the court is most likely to decide this case.
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