Marilyn Thomas had an oral agreement to purchase an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn's residence, but the delivery slip was signed by Nancy Thomas. Marilyn did not know of anyone by that name. Her testimony was that she called Sunkissed to advise the company to remove the heater; Sunkissed claimed that they have no record of any calls. Marilyn further testified that the heater stayed for approximately 4 days in her driveway and then disappeared, but the company testified that it went to the property the next day to install and it was gone.

In determining who bears the risk of loss of the pool heater, the most compelling evidence for the court was:

a. It was an oral contract

b. Thereceipt was signed by an unknown party

c. Whether or not Marilyn actually did call the company to let them know

d. The intent and purpose of the contract

Pick the best answer and explain your reasoning. And answer why other options are incorrect

Note: The actual case is https://casetext.com/case/in-re-thomas-82341