Question: On March 1 5 , in a signed written contract, a manufacturer agreed to sell 4 0 , 0 0 0 pens at $ 1
On March in a signed written contract, a manufacturer agreed to sell pens at $ each to a retailer, delivery to be made in two equal installments on April and May The contract was silent as to the time of payment, but on March the two parties orally agreed that the entire purchase price was to be paid on delivery of the second installment. On April the manufacturer delivered pens, and the retailer accepted them. The manufacturer then demanded payment of $ When the retailer refused to make the payment, the manufacturer sued the retailer for breach of contract. In its defense, the retailer proffered evidence of the March oral agreement.
Is the manufacturer likely to succeed in its action?
Group of answer choices
No because the March oral agreement was an effective modification of the written contract.
Yes, because the parol evidence rule bars the introduction of evidence of an oral agreement modifying a written contract.
No because even though the March oral agreement is not effective, payment is due at the time of the second installment.
Yes, because there was no consideration to support the modification.
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