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Patty's Party Supplies faxed a purchase order to Bart's Balloons for 70,000 balloons, in an assortment of colors. Patty followed up her purchase order with
Patty's Party Supplies faxed a purchase order to Bart's Balloons for 70,000 balloons, "in an assortment of colors." Patty followed up her purchase order with a phone call to Bart: "It is especially important for me to get black balloons for use at 'Over the Hill' birthday parties." Bart said he should have no trouble filling the order. A few hours later, Bart faxed back a confirmation, stating, "Bart's Balloons will supply the balloons per the terms of your written purchase order in one week for $3,500 (5 cents per balloon), payment due on delivery. Please confirm these terms by your signature below." Patty signed the confirmation form and faxed it back to Bart. Bart delivered the balloons on the due date, consisting entirely of round balloons, 10,000 each in colors of red, orange, yellow, green, blue, indigo, and violet (the literal colors of the rainbow). None of the balloons are black. Yes, provided that Patty's request for black balloons as part of the order is a consistent additional term. Bart had no obligation to provide anything because the alleged contract fails for indefiniteness. No. because evidence of Patty's request for black balloons is barred because it contradicts the parties' writings. Yes, because the parol evidence rule does not apply to this contract
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