Harry is a furniture dealer in town. Harry calls up another merchant and says he will sell 35 dressers for the standard price and the other merchant Sam says you have a deal. The last standard price was $50 each. Harry then sends an email to Sam confirming what he just said, and said the items will be sent in three months.   Sam promptly responds and says he needs them in two weeks and must have them then. Harry emails and says we have a deal and if you want them in two weeks, the price will be $55.  The other merchant yells and says no way and emails Harry to say “No way” again.  Harry ships them in 2 weeks and bills the merchant $55. Can he collect it? Presume a reasonable time for shipment in the industry in 3-4 weeks. Harry reads Section 2-207 of the UCC which says: 

(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale, although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.

A.   Is there a deal?  Why?

B.   When Harry said the units would be shipped in 3 months, what was Harry doing? 

C. What is the likely price of the dresser?    

D. If Harry ships them in 2 weeks, can he bill them at $55?

Answer rating: 100% (QA)

Can he collect it No Harry cannot collect 55 bill Because the merchant expressively denied the additional condition to the original offer through oral ... View the full answer