Small, admiring Jaspers watch, asked Jasper where and at what price he had purchased it. Jasper replied,
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Small, admiring Jasper’s watch, asked Jasper where and at what price he had purchased it. Jasper replied, ‘‘I bought it at West Watch Shop about two years ago for around $85, but I am not certain as to that.’’ Small then said, ‘‘those fellows at West are good people and always sell good watches. I’ll buy that watch from you.’’ Jasper replied, ‘‘It’s a deal.’’ The next morning Small telephoned Jasper and said he had changed his mind and did not wish to buy the watch. Jasper sued Small for breach of contract. In defense, Small has pleaded that he made no enforceable contract with Jasper (a) Because the parties did not agree on the price to be paid for the watch, and (b) Because the parties did not agree on the place and time of delivery of the watch to Small. Are either, or both, of these defenses good?
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The first defense has merit especially when combined with the second defense The second defense will ...View the full answer
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