$1\mathrm{.}8pts$

Question $31$

$[$Customer Uncertainty$]$ Luke wanted baseball caps with the name of the firm of which he was president, ABC Corporation, emblazoned on the front. Emilia, a merchant in specialized goods, orally agreed with Luke that she would sell him $200$ baseball caps at $$5$ each. No writing was ever made, although there were a number of witnesses to the conversation. After the caps were finished, but before they were shipped, Luke called to cancel the order because his firm had just announced a merger and would no longer be known as ABC Corporation. Emilia told him she would not cancel the contract because she had just finished the caps. Luke told Emilia that she should have been smarter and had him sign something because without a writing, she would not have a chance in court. Emilia is also having problems with other customers. A father who voluntarily coached a youth softball league in his community called and orally ordered $150$ baseball caps at a cost of $$4$ to give out at a league banquet. He wanted a variety of caps with no name on them because players from different teams would be at the banquet. Emilia sent a confirmation letter to the coach and had the caps packed up and ready to go$.$ Just before she shipped them, the coach called and told her that there was a big feud, the banquet was cancelled, and that he was cancelling the order. She believes that the coach should pay damages, especially because a big order was involved. Finally, Emilia has a merchant customer who orally ordered $500$ plain T$-$shirts at a cost of $$5$ each, but has not picked them up and has refused to do so after several demands. Emilia wants to take the merchant customer to small claims court.

Are there any steps Emilia should take in small claims court, or before she goes, regarding the customer who ordered the plain T$-$shirts?

because once the parties are in court, only the judge can add evidence.

Yes, she should dismiss the case before she is charged with the other party's attorney fees.

No$,$ because once the parties are in court, positions of the parties are frozen.

Yes, she should attempt to get the customer to admit that he ordered the T$-$shirts.

Yes, she should dismiss the case before she is charged with sanctions.