John and Joe Brower worked for a large construction company but set up their own company, Crest Ridge. They were awarded a subcontract on a job to provide wall panels. They wanted to use panels made by Newcourt, which gave them a quote of $758,000, but issued the contract in the name of the company the Browers used to work for. They cleared up that issue, and made a few amendments, which changed the price to $760,000. The contract stated it was "subject to credit department approval." Because it was a new company, the credit department could not find much information about Crest Ridge, but over the next six months, detailed discussions about specifications of panels continued and shipment was set.

1. The appeals court affirmed that a contract existed, even though a specific term had been ignored. Did Newcourt have good reason to worry about the ability of a little company like Crest Ridge to pay its bill?
2. Suppose a credit check found that Crest Ridge had serious financial problems. Could Newcourt have ended the deal then?