Saxophone

A famous Jazz Saxophonist asked Shirley Schmidt to act as his agent to purchase a Yanagisawa Solid Silver Tenor Saxophone Model TWO37 for no more than $19,200, 500Vandoren V16 #3 Tenor Sax Reedsfor no more than $3 each, and a BAM Tenor Sax Trekking Case for no more than $450.He reiterated to her that hewanted a Tenor Saxophone and that she should only get him theYanagisawa Tenor Saxophoneand to negotiate the best possible price.

Shirley contacted several instrument dealers in the area and told them that she was a famous saxophonist's agent and that she wanted to purchase a good Tenor Saxophone. The dealer told her that theYanagisawa Solid Silver Tenor Saxophone Model TWO37was $12,059.00 but he had a similar Tenor Saxophone, a Selmer Paris 54JS, Series II Tenor Saxophone Silver Plated and the dealer would sell it for only $8,189.00 out the door.Without discussing this with the Jazz Saxophonist, Shirley agreed to purchaseSelmer Paris 54JS, Series II Tenor Saxophone Silver Plated, signing the contract with local instrument dealer "as agent" of the Famous Jazz Saxophonist. The Selmer was shipped to her, but when she then took it to the Jazz Saxophonist and explained what a great deal she had gotten, the Jazz Saxophonist refused to accept it. He has also refused to pay the instrument dealer for it.

Shirley also contacted a well-established Woodwind Reed dealer with a niche in Saxophone and Clarinet reeds and woodwind accessories to buy500 Vandoren V16 #3 Tenor Sax Reeds.She signed a contract in her name alone for the purchase of500 Vandoren V16 #3 Tenor Sax Reedsin 10 reeds per box.She did not tell the Woodwind Reed dealer that she was acting as anyone's agent. The reeds were shipped to her, but when she took it to the Jazz Saxophonist, he refused to accept it because he had decided that it would be better to use Rigotti Gold #3 Tenor Saxophone Reeds.

He hasrefused to pay for the Vandoren Reeds.

Shirley also contacted an instrument case supplier to purchase a case. She signed a contract in her name alone a MTS Model 7163W Tenor Saxophone Case, which was not the same as theBAM Tenor Sax Trekking Case that the Jazz Saxophonist had told her to buy. When she signed the contract, she told the instrument case supplier that she was acting as someone's agent but did not disclose the identity of her principal. The case was shipped to her. Although the Jazz Saxophonist recognized that the case was not what Shirley had been told to buy, he nonetheless agreed to take it, but now refuses to pay the case supplier for it.

All elements of contract formation and enforceability are satisfied with respect to each contract.

1. Who is liable to the instrument dealer: Jazz Saxophonist, Shirley Schmidt, or both? Explain.

2. Who is liable to the Woodwind Reed dealer: Jazz Saxophonist, Shirley Schmidt, or both? Explain.

3. Who is liable to the instrument case supplier: Jazz Saxophonist, Shirley Schmidt, or both? Explain.

How would you analyze each of these situations?

Please use the method below for answers

1. A description of the facts
2. A statement of the issue or problem posed by the case (ISSUE)
3. A reference to the arguments or various positions that can be taken on the issue (RULE)
4. A decision or result of the issue presented (APPLICATION)
5. An explanation of the reasoning behind the decision (CONCLUSION)