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Sally has asked Harry to deliver Harry's gourmet beets to her health food store every thirty days. Sally will pay Harry $ 5 0 0
Sally has asked Harry to deliver Harry's gourmet beets to her health food store every thirty days. Sally will pay Harry $ per order. There is no written contract. Harry delivered the first order, but then Sally changed her mind because no one was buying the gourmet beets. Sally tells Harry to stop delivering. Harry delivered another order and demanded payment. What is Harry's recourse?
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He can claim full payment for both months based on his performance.
The contract is not enforceable.
Because of the UCC doctrine of part performance, Sally should pay for the first order, but is not obligated to pay for the second order.
Sally does not need to pay him for the shipments because of the oral agreement.
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