Question
Seller's agent calls Buyer's agent on June 1 st and offers to sell Buyer (a snack food company) up to 1,000 cases of Virginia Fancy
Seller's agent calls Buyer's agent on June 1st and offers to sell Buyer (a snack food company) up to 1,000 cases of Virginia Fancy Peanuts for $20/case including delivery to Buyer's warehouse on or about August 15th. Buyer's agent agrees to the terms and makes a note about the call in the purchasing log. On August 16th, Seller delivers only 950 cases of Peanuts and issues its invoice in the amount of $19,000 to Buyer. Buyer refuses to pay and advises Seller that it may pick up the Peanuts from the warehouse at its convenience.
In a lawsuit for breach of contract brought by Seller, which of the following, if any, would provide Buyer's best defense?
Group of answer choices
Buyer is excused from performance due to Seller's late delivery
The contract was not in writing
Seller's unilateral reduction of the quantity of Peanuts voided the contract
None of the above would provide a good defense for Buyer
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