chapter 15 cases

chapter 15 cases - Simmons to promote her farm. Simmons...

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James Lee Professor Devience BLW 201 Chapter 15 case Iacono v Lyons/ Kalas v Cook Facts: the two friends went to Vegas on vacation and Iacono paid for all of the expenses for Lyons including money for gambling. They verbally agreed to split their winnings “50-50”. After begging to play the slot machine one last time, Iacono granted Lyons her wish to play the slot machine. She won $1,908,964 and refused to split it 50-50 with Iacono. Issue: Could the process of distributing the money be done within a year. Decision: the court upheld the contract because the process of distributing the money could be done within a year. Kalas v Cook Facts: Simmons, owner of Caprilands Farm, has been doing business with Kalas (Clinton Press of Holland) for decades. Kalas has been making special unique books and pamphlets for
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Unformatted text preview: Simmons to promote her farm. Simmons paid Kalas whenever she delivered the goods which was done routinely or whenever Simmons needed more. This was all contracted orally. However, Kalas had an excess amount of goods kept at her business. When Simmons died she owed 24,599.38 for unpaid deliveries. Edward Cook was the executor of her estate and so he was sued by Kalas for the remaining charge. Issue: Is this oral contract enforceable. Cook pleads the case that any sale of goods exceeding $500 must be in writing. Decision: Cook loses because any sale of a unique good that cannot be readily available for sale does not have to be in writing therefore this oral contract is legit and enforceable....
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This note was uploaded on 11/16/2011 for the course BLW 201 taught by Professor Devience during the Fall '11 term at DePaul.

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