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You contend that you received non - conforming goods as a result of an ambiguity in the contract. You ordered goods thinking you would get
You contend that you received nonconforming goods as a result of an ambiguity in the contract. You ordered goods thinking you would get a particular product. You wanted Rawlings ROMLB baseballs. That was the original oral telephonic communication when you first contacted the selling merchant. You both talked about and agreed on Rawlings ROMLB baseballs. Thereafter, in additional phone conversations, you and the seller just used the phrase "baseballs". The seller prepared a written contract and sent it to the buyer for review and signature. The contract was signed by both parties. The selling merchant then shipped High School Baseballs that are in perfect condition but they are not ROMLB baseballs as they are slightly less dense and have raised seams. The selling merchant believes the goods are conforming. Upon receipt and inspection of the goods, what are all your merchant options under the contract and at law?
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