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Start by considering the scenario below: Two merchants in the business of purchasing and selling goods entered into a transaction with the following terms: The
Start by considering the scenario below:
Two merchants in the business of purchasing and selling goods entered into a transaction with the following terms:
The buyer spoke with the seller's sales representative on Monday, April concerning a purchase of widgets at our usual price" to be delivered in days to our Canfield, Ohio plant." The sales representative verbally agreed to sell the widgets to the buyer on the usual terms".
The buyer then issued a written purchase order dated April to the seller for widgets stating delivery in days" to the Ohio location at our usual price." The seller issued an acknowledgment of the purchase order that said, widgets to Canfield Ohio Plant of buyer by May at $ COD."
The buyer's purchasing department received the acknowledgment from seller and on April corrected the required delivery date to April On April the seller sent a corrected acknowledgment of the delivery date to days." On May the seller delivered the widgets to buyer's Canfield Ohio plant. The buyer refused to pay $ saying "our usual price was $ for a widget! Take these things back to the seller!" Describe any issues that could arise with this transaction. Was there a contract formed? Why or why not?
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