Question
On August 2, Jack, the owner of a musical instruments store, received the following letter, dated August 1, from Denise, a distributor of slide trombones:
On August 2, Jack, the owner of a musical instruments store, received the following letter, dated August 1, from Denise, a distributor of slide trombones: "I will sell you 20 Mendini trombones at a price that won't break the bank. These are great student instruments. The total price is $4,000, payment and delivery on September 15. This offer is a firm offer until September 1. (signed) Denise.
On August 20, Jack received a second letter from Denise stating: "Sorry, I withdraw my previous offer to sell you 20 Medini trombones. (signed) Denise."
On August 28, Jack sent the following letter to Denise: "I accept your August 1 offer regarding the Medina slide trombones." Due to a delay in postal service, this letter was not received at Denise's place of business until September 12.
- Denise refused to deliver the trombones to Jack. Jack sued Denise for breach of contract, Judgment for whom? Explain fully.
- Instead of the facts stated above assume that the offer stated that it was a firm offer until January 1. On December 15, Jack received a letter from Denise stating: "Sorry, I withdraw my offer dated August 1 to sell you 20 Medini trombones for $4,000." (signed) Denise. On December 23, Jack sent a letter to Denise stating that he accepted her offer of August 1. Denise refused to deliver the trombones to Jack. Judgment for whom. Explain fully.
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