Question
On February 1, Lumber Store Owner offered to sell 2,500 board feet of 8 x 10 lumber to Hardware Store Owner for $5,000. Lumber Store
On February 1, Lumber Store Owner offered to sell 2,500 board feet of 8 x 10 lumber to Hardware Store Owner for $5,000. Lumber Store Owner gave Hardware Store Owner a signed writing which recited the offer and stated that Lumber Store Owner promised not to revoke the offer for a period of 100 days. On February 25, Lumber Store Owner sold the lumber to another buyer for a higher price. Hardware Store Owner wrote Lumber Store Owner on March 5, stating that, "I accept your offer to sell 2,500 board feet of 8 x 10 lumber, and please see attached a check for $5,000 as full payment for this purchase." Lumber Store Owner wrote back that he could not sell the lumber to Hardware Store Owner because it had been sold on February 25 to another buyer. If Hardware Store Owner sues Lumber Store Owner, which of the following would a court be most likely to find?
Question 1 options:
a)
No contract was formed, because Lumber Store Owner was legally entitled on February 25 to sell the lumber for a better price to someone other than Hardware Store Owner because the stated period of irrevocability was too long.
b)
No contract was formed, because Hardware Store Owner did not pay any consideration to Lumber Store Owner to keep the offer open.
c)
A contract was formed, because Lumber Store Owner was not entitled to sell the lumber to another person without first checking with Hardware Store Owner to see if Hardware Store Owner intended to accept the offer during the 100-day stated period.
d)
A contract was formed, because Hardware Store Owner accepted the offer through his letter of March 5.
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