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BLAW 201, CH 13 Ques

Stevens sold the eggs to johnson and took a 5 cents

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purchased all his eggs elsewhere. Stevens sold the eggs to Johnson and took a 5 cents loss per dozen. He now sues Fredericks for $250, alleging breach of contract. Judgment for whom and why? 9.) On October 15, Webb, in New York City, wired Cushing, in Scranton, as follows: "I offer you 100 shares 'Garnet Incorporated" stock at $211.00 each. I suggest you answer by Air Mail today, because I must know your answer by 10 o'clock tomorrow morning." Cushing immediately upon receipt of Webb's offer sent a reply by Air Mail accepting the offer, depositing his letter in the Scranton Post Office at 3 o'clock, October 15. This letter, in normal course, should have reached Webb by 9 o'clock the following morning. Unknown to either party the airplane carrying the mail was delayed by an accident, and Cushing's letter did not reach Webb until 12 o'clock, October 16. In the meantime, Webb had sold his holdings at 11 o'clock, October 16. Cushing brings suit against Webb for breach of contract. Can he recover? Explain. 10.) Boyer faxed Saylor "I will take 400 bushels of wheat at seventy-five cents each, F.O.B Chicago." Saylor, believing that he had only 300 bushels, immediately wrote in reply, "will send you 300 bushels at the price named." After mailing this letter, Saylor discovered that he had wheat enough to fill Boyer's order for 400 bushels, and the next day sent a facsimile to Boyer that he would ship 400 bushels according to Boyer's fax. The fax was received and read by Boyer before the letter. After receipt of Saylor's letter, however, Boyer bought from X, the price of wheat having fallen, and refused to accept Saylor's shipment. (a) What are Saylor's rights against Boyer? (b) Would your answer remain the same if Boyer had received Saylor's letter before he received Saylor's fax? Explain.
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