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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. The balloons are also round, while Patty had wanted "long" balloons, as she has many customers who are professional clowns who make balloon animals. Assume that Patty has ordered balloons from Bart before on several occasions, and until now, her order has always been filled with long balloons instead of round ones. However, the custom in the party-supply industry is that an order for "balloons," if nothing more is said, means that the order is for a standard size of round balloon. What shape of balloons was Bart contractually obligated to provide to Patty? Bart could provide whatever shaped balloons he wished because the contract did not specify any particular shape. Round-shaped balloons. Bart had no obligation to provide anything because the alleged contract fails for indefiniteness. Long-shaped balloons
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