Question
Mercury Rising (Mercury) is an Illinois manufacturer of indoor and outdoor thermometers. On April 2, 2018, Will Bruce, Mercurys purchasing agent, emailed a purchase order
Mercury Rising (Mercury) is an Illinois manufacturer of indoor and outdoor thermometers. On April 2, 2018, Will Bruce, Mercurys purchasing agent, emailed a purchase order to the Glass Manufacture (GM), a Michigan manufacturer of precision glass tubing. Mercury ordered 5,000 1-foot lengths of glass tubing, at a price of $5.00 per foot, to be delivered to Mercurys plant no later than May 1, 2018. Later that same day, GM emailed a written acknowledgment, agreeing to manufacture and deliver 5,000 1-foot lengths of glass tubing, at a price of $5.00 per foot to Mercurys plant no later than May 1, 2018. GMs acknowledgment also contained (1) a disclaimer of all implied warranties, (2) a provision requiring Mercury to pay the cost of having the tubing shipped from GMs plant to Mercurys, and (3) a provision requiring Mercury to pay the full contract price, including transportation costs, upon receipt of the tubing. The parties did not correspond further. GM shipped the goods to arrive on May 1, 2018. Before the goods reached Mercury, Mercury found another seller, Glaz Emporium (Glaz), who offered to provide the same quantity and quality of glass tubing, no later than May 2, 2018, at a price of $4.50 per foot. Mercury agreed on April 15, 2018 to purchase the tubing from Glaz, and refused to receive the shipment from GM when it arrived on May 1, 2018. GM wants to sue Mercury for breach of contract. Did Mercury and GM have an enforceable contract for the glass tubing? If so, why and what were its terms? If not, why not?
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