Question
SCENARIO: Plaintiff shipped to DefendantPizza Pride Inc. of Jamestown, North Carolinaan order of mozzarella cheese totaling $11,000. That same day, Plaintiff mailed Defendant an invoice
SCENARIO: Plaintiff shipped to DefendantPizza Pride Inc. of Jamestown, North Carolinaan order of mozzarella cheese totaling $11,000. That same day, Plaintiff mailed Defendant an invoice for the order, based on Plaintiffs understanding that an oral contract existed between the parties whereby Defendant had agreed to pay for the cheese. Defendant was engaged in the real estate business at this time and had earlier been approached by Pizza Pride Inc. to discuss that companys real estate investment potential. Defendant denied ever guaranteeing payment for the cheese and raised the UCCs Statute of Frauds, Section 2-201, as an affirmative defense. The Plaintiff contended that because Defendant was in the business of buying and selling real estate, she possessed knowledge or skill peculiar to the practices involved in the transaction here. After hearing the evidence, the court concluded as a matter of law that Defendant did agree to pay for the cheese and was liable to Plaintiff in the amount of $11,000. Defendant appealed. How should the appeals court rule? Why?*
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