Question
Wallace wanted baseball caps with the name of the firm of which he was president, ABC Corporation, emblazoned on the front. Fran, a merchant in
Wallace wanted baseball caps with the name of the firm of which he was president, ABC Corporation, emblazoned on the front. Fran, a merchant in specialized goods, orally agreed with Wallace that she would sell to him 200 baseball caps at $5 each. No writing was ever made although there were a number of witnesses to the conversation. After the caps were finished, but before they were shipped, Wallace called to cancel the order because his firm had just announced a merger and would no longer be known as ABC Corporation. Fran told him to forget cancelling the contract because she had just finished the caps. Wallace told Fran that she should have been smarter and had him sign something because without a writing, she does not have a chance in court. Fran was also having a problem with another customer, a father who wanted t-shirts with his family name put on them for a family reunion. Fran had sent a confirming letter to the dad. Twenty days later the dad called and told her that there was a big feud, the reunion was cancelled, and that he was cancelling the order. She believes that the father should pay damages and that it is just that he do so because a big family was involved and the sale was substantial. Finally, Fran plans on taking to small claims court a merchant customer who orally ordered 500 plain t-shirts at a cost of $5 each but has not picked them up. Which of the following is correct regarding Wallace's assertion that Fran cannot recover the cost of the caps?
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