Kendall Gardner agreed to buy from James Bowen and Richard Cagledoing business as B&C Shavingsa specially built

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Kendall Gardner agreed to buy from James Bowen and Richard Cagle—doing business as B&C Shavings—a specially built shaving mill to produce wood shavings for poultry processors. B&C sent an invoice to Gardner reflecting a purchase price of $86,200, with a 30 percent down payment and the “balance due before shipment.” Gardner paid the down payment. B&C finished the mill and wrote Gardner a letter, telling him to “pay the balance due or you will lose the down payment.” By then, Gardner had lost his customers for the wood shavings and could not pay the balance due. He asked for the return of his down payment. Did these parties have an enforceable contract under the Statute of Frauds? Explain. [Bowen v. Gardner, 2013 Ark.App. 52, 425 S.W.3d 875 (2013)]

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Business Law Text and Exercises

ISBN: 978-1305509603

8th edition

Authors: Roger LeRoy Miller, William E. Hollowell

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