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Unformatted text preview: complete the offer because they were out of stock. Issue: Whether this was an offer or a quote Rule: Quotes are generally not considered an offer, but it depends on the language used. Because this involves personal property, it could be deemed under the U.C.C., however it was 1899, so U.C.C may not have existed. As long as there was specifically quantity, party, price and subject, there was a contract. Rational: The first one had insufficient terms, of price, however they did have quantity, party and subject. The 2 nd letter clarified a price, subject, quantity, and parties. Usually quotes are not contracts, but this 2 nd letter also stated accept immediately. Which states that its an offer, in context. Holding: Court held that the exchange of telegrams was considered a contract with a proper offer and acceptance. All quotes and advertisements must be considered on a case by case basis. Synthesis: Dissent/Concurrences:...
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- Fall '11